Some good citations regarding a bad trend that will be difficult to reverse without very basic changes in the understandings that govern our governors: Courting International Law.
More and more, Supreme Court justices are treating “human rights” instruments to which the United States is not a party—even instruments the United States has explicitly rejected—as if they were authoritative in American constitutional law. Affirmative action and “gay rights” have no obvious connection to international relations. Nonetheless, to prefer self-government regarding such matters is now considered, at the highest levels of American law, to betray a “‘Lone Ranger’ mentality.” Hence the citation of foreign law as authoritative in Lawrence and Grutter. Getting with the program adopted by transnational elites, it seems, trumps everything.