Ruth Bader Ginsburg on Foreign Policy
Supreme Court Justice (nominated by Pres. Clinton 1993)
Ginsburg said the controversy was based on the misunderstanding that citing a foreign precedent means the court considers itself bound by foreign law as opposed to merely being influenced by such power as its reasoning holds.
She added that the failure to engage foreign decisions had resulted in diminished influence for the US Supreme Court.
After his conviction for murder, Mexican citizen Jose Medellin argued on appeal that police should have complied with the Vienna Convention and asked if he wanted his consulate notified of his arrest. Texas courts held that Medellin should have made this argument before trial. Separately, the UN's International Court of Justice heard a case involving Medellin, brought by Mexico against the US, on failure to comply with the Convention. The ICJ held that Texas courts must provide Medellin with hearings on the issue.
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Ruth Bader Ginsburg
Sandra Day O'Connor
John Paul Stevens
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