As The New Yorker noted last month:
It looks like Harold Koh, President Obama’s nominee for legal adviser at the State Department, may turn out to be the first real confirmation fight in the new Administration. The controversy has been mentioned in a handful of newspapers, but there’s plenty of Internet fire on the anti-Koh, and pro-Koh, side.
The heart of the attack on Koh, who is now the dean of Yale Law School , is that he believes in “transnationalism,” which purportedly is the notion that American courts should honor and apply the laws of other nations in our courts.
A broad coalition of groups and 85 conservative leaders have signed on to a coalition letter opposing the nomination. This is not surprising; consider that Mr. Koh has written that
the United States is such a major violator of international law that it belongs in an “axis of disobedience” with nations such as North Korea and Saddam Hussein’s Iraq .
Koh has been through his confirmation hearing (April 28) and was successfully voted on at the Senate Committee on Foreign Affairs (May 12), but has not yet been confirmed by the full U.S. Senate. A floor debate and vote is expected to take place in early to mid June, after Congress returns from the Memorial Day recess. Links to key background documents are at www.nokoh.org
The Coalition to Preserve American Sovereignty
The Heritage Foundation
Center for Security Policy
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