Clash Of The Titans Delayed

The Supreme Court avoided a dispute over whether international law is binding on American courts.

In an unsigned decision, justices dismissed as premature the case of Jose Medellin, who argued he was entitled to a federal court hearing on whether his rights were violated when a Texas court tried and sentenced him to death in 1994 on rape and murder charges without consular access.

The court cited a last-minute maneuver by President Bush ordering state courts to revisit the issue, making Supreme Court intervention unnecessary at this time. It reserved the right to hear the appeal again once the case had run its full course in state court.

Comments

[Rich]

Ultimately, if SCOTUS hears the case again, the treaty should theoretically be binding because though Bush backed out of the treaty ex poste, it was in force at the time the Mexican citizens were arrested weren't given consular access. Personally, I'm surprised that there is even a debate about this- treaties ratified by the Senate are binding domestic law: http://www.law.cornell.edu/constitution/constitution.articlevi.html . If state courts violate them, those decisions should be overturned. But maybe I'm just putting too much faith our government again.

[Prince C]

Bush will not accept us having to follow the International court. But we'll see how it plays out.

[Rich]

Yeah, but theoretically all the international court is telling us to do is follow our own constitution. It's funny how Europeans show more deference to the US constitution than the America-hating GOP.