Thread: US high court says US states can ignore ICJ rulings

US high court says US states can ignore ICJ rulings

1 hour ago

WASHINGTON (AFP) — US state courts need not comply with International Court of Justice (ICJ) decisions, even if the US president orders them to, the US Supreme Court ruled Tuesday in the case of a Mexican sentenced to death.

The Hague-based ICJ on March 2004 ordered trial revisions in the United States of 51 Mexicans sentenced to death, because they had not been timely informed of their right to consular assistance.

One of them, 33-year-old Jose Medellin -- convicted of raping and murdering two teenagers in Texas in 1993 -- demanded Texas courts acknowledge that the omission pointed out by the ICJ warranted a retrial.

President George W. Bush, exercising his prerrogative in applying international treaties, ordered state judges to determine, on a case-by-case basis, whether any of the 51 Mexicans merited a retrial.

While some states complied with his order, Texas judges refused to examine Medellin's appeal on grounds they were not bound by ICJ decisions nor by presidential orders on the principle of separation of powers.

The Supreme Court ruled six to three in favor of Texas' magistrates.

"We conclude that neither (the ICJ) nor the president's memorandum constitutes directly enforceable federal law that pre-empts state limitations," Supreme Court Chief Justice John Roberts said in the court's opinion.

Bush "has an array of political and diplomatic means available to enforce international obligations, but unilaterally converting a non-self-executing treaty into a self-executing one is not among them," he added.

"We're disappointed with the decision," said White House spokeswoman Dana Perino.

She stressed however that US arguments in the case "in no way condoned or defended the heinous crimes of which Jose Medellin was convicted."

The Bush administration had from the start criticized the International Court of Justice trial revision ruling, and later it withdrew from the ICJ treaty it had supported to avoid similar appeals.

"The Supreme Court recognized that there was an international obligation to comply with a legally ratified treaty of the United States. But their point was that the president of the United States does not have the authority, under current law, to compel a state to act," Perino said.

The Mexican Embassy in Washington said it was "concerned" by the high court's decision, which the Mexican government was studying before issuing an "official response."

The People for the American Way Foundation said called the Supreme Court's ruling a "deeply troubling opinion ... signaling that the United States can simply ignore its obligations under international treaties."

"We can and must enforce our laws and defend our borders without abandoning the treaties we have signed," the group added in a statement.

http://afp.google.com/article/ALeqM5hFj ... mA1uMUFJtQ

I think this is a duplicate post in the News Stories section.

Thank goodness! Texas congressmen Ted Poe and my representative Michael McCaul were both on Lou Dobbs tonight. They broke the ranks and file of the Bush Republicans and stood up against Bush's decision to tell Texas courts that they had to listen to international courts and the Mexican government. Thank goodness we have good people like this representing Texas and Americans in Washington.

Now let the Texas justice system take care of illegal alien and murder Jose Ernesto Medellin, like Michael McCaul said, "in Texas style."

There is also an article in the Houston Chronicle this afternoon with almost 200 comments.

http://www.chron.com/disp/story.mpl/front/5646375.html

Break out Ole Sparky in Florida ... it's time for Justice

AirborneSapper7 glad you posted this important decision about Texas not having to comply with the President or ICJ.

I see there are elements including the Mex. gov. licking their chops trying to end our nation.

The people in Texas need to get Congressmen Ted Poe and Representative McCaul help them stop that monster road .


AirborneSapper7 said;

Break out Ole Sparky in Florida ... it's time for Justice.

AirborneSapper7 now that is funny!

Good news when Ted Poe said that the new trial of Compean and Ramos
will be between 30 and 60 days for they withheld
evidence at the trial.

..stood up against Bush's decision to tell Texas courts that they had to listen to international courts and the Mexican government.

Someone needs to call Bush a TRAITOR and bring this piece of crud up on treason charges..who in the hell does he think he is? Bush can KMA, pronto! NO ONE TELLS THE UNITED STATES WHAT TO DO, ESPECIALLY A FOREIGN ENTITY!