In two of the most controversial cases of the past decade, the Supreme Court relied on foreign law to help determine the meaning of the United States Constitution. These foreign citations caused quite a stir. Several Justices have spoken extrajudicially about whether such reliance on foreign law is proper, and Justices Scalia and Breyer even went so far as to debate the issue outside of court. Congress has held hearings and considered resolutions and bills disapproving the practice. And scholars, of course, have let their views be known as well.

But in a recent issue of this Law Review, and despite all the ink already spilled, Eric Posner and Cass Sunstein found something new to say. With characteristic iconoclastic creativity, they offer a new argument for reliance on foreign law: the Condorcet Jury Theorem. Put simply, this Theorem demonstrates that, under certain circumstances, the majority view on a question is very likely to be correct. It follows, Posner and Sunstein argue, that courts may be wise to rely on the majority view of foreign governments when deciding questions of U.S. law...