Jim Jones (not that Jim Jones), former Chief Justice to the Idaho Supreme Court, writes:
House Bill 419 purports to prevent foreign law from being applied in Idaho courts. In my 50 years as an Idaho lawyer, including 12 years on our Supreme Court, I was not aware that this was a problem. Idaho judges take an oath to uphold the laws of the United States and the State of Idaho. They would not and do not apply or enforce foreign laws.
The federal government makes statutory laws through Congress and case law through the federal court system. The Supremacy Clause of the U.S. Constitution prevents the states, including Idaho, from making laws inconsistent with federal law. State courts must apply federal law in cases where a federal question is presented. For instance, U.S. Supreme Court decisions regarding the constitutional rights of criminal defendants must be respected and followed by Idaho courts.
I read the text of the bill. It says that Idaho will follow the laws of the land, not the laws of other lands.
Seems like a confirmation of what the Chief Justice says, not an opposition to it.
In these days when up is down, boy is girl, and cats are dogs, I’m not sure reaffirming the law is a bad thing.