This page contains Supreme Court rulings -- with summaries of the majority and minority conclusions.
Decided Mar 25, 2008
Case Ruling: MEDELLIN v. TEXAS
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.HELD: Delivered by Roberts; joined by Scalia, Kennedy, Thomas, & AlitoThe Vienna Convention was not "self-executing" but required further federal law for it to be binding upon US courts. The ICJ decision, further, was not binding on domestic courts since the country's obligations- was only to defend the case, not abide by an ICJ judgment, and
- under the UN charter was only to "undertake to comply" with ICJ decisions.
Mexico was the party before the ICJ, not Medellin, and he gained no personal rights from the ICJ ruling. Pres. Bush wrote that state courts should give effect to the Convention did not bind those courts, because the Constitution does not grant him this power without Senate consent.CONCURRED: Stevens concursThe language of the UN Charter about a nation's obligation to heed an ICJ decision is too vague to be binding upon domestic courts.DISSENT: Filed by Breyer; joined by Souter & GinsburgStandards for self-execution cannot be made clear in multilateral treaties since each country has its legal traditions for treaties. However, since the Vienna convention concerns an individual right AND the Supremacy Clause subjugates domestic law to treaties AND the ICJ asked Texas courts to hold a hearing on a legal issue AND the President favors this and Congress does not oppose it, the Supreme Court ought to enforce the ICJ decision.
Participating counts on VoteMatch question 14.
Question 14: Maintain US sovereignty from UN
Scores: -2=Strongly oppose; -1=Oppose; 0=neutral; 1=Support; 2=Strongly support.
- Topic: Foreign Policy
- Headline: Vienna Convention treaty not binding on US courts
(Score: 2)
- Headline 2: UN Charter doesn't require heeding International Court
(Score: 2)
- Headline 3: Treaty giving individual rights should bind US courts
Participating counts on AmericansElect question 5.
- Headline: Vienna Convention treaty not binding on US courts
(Answer: A)
- Headline 2: UN Charter doesn't require heeding International Court
(Answer: B)
- Headline 3: Treaty giving individual rights should bind US courts
(Answer: D)
- AmericansElect Quiz Question 5 on
Foreign Policy:
When you think about the US pursuing its interests abroad, which of the following is closest to your opinion?
- A: The US should always act in its own interest regardless of what other countries think
- B: The US should rarely listen to other countries
- C: The US should listen to other countries more often than not
- D: The US should always listen to other countries before pursuing its own interests
- E: Unsure
- Key for participation codes:
- Sponsorships: p=sponsored; o=co-sponsored; s=signed
- Memberships: c=chair; m=member; e=endorsed; f=profiled; s=scored
- Resolutions: i=introduced; w=wrote; a=adopted
- Cases: w=wrote; j=joined; d=dissented; c=concurred
- Surveys: '+' supports; '-' opposes.
Independents
participating in 08-MEDELL |
Total recorded by OnTheIssues:
Democrats:
2
Republicans:
7
Independents:
0 |
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