Wayne McCormack (University of Utah – S.J. Quinney College of Law) has posted To Ignore or not To Ignore: A Silly Debate in the U.S. Supreme Court? (Culture of Judicial Independence (Shetreet ed. Brill 2016)) on SSRN. Here is the abstract:
Among the many important and trenchant debates that take place in the U.S. Supreme Court, there occasionally emerges a debate that at first glance could be described as silly for grown professionals. Justice Scalia could be seen as contending that the Court must turn a blind eye to what other nations think about an issue of law, even if there is a consensus among the international community on the issue. In truth, however, his approach is part of a more subtle and broader debate, primarily regarding the degree to which constitutional interpretation should take account of changing societal norms.