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Reply #81: The SC specifically addressed it when they rejected the Government's request for a stay of execution [View All]

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hack89 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-11-11 06:23 AM
Response to Reply #77
81. The SC specifically addressed it when they rejected the Government's request for a stay of execution
from the original OP:


"Texas is not bound by a foreign court's ruling," Cesinger said. "The U.S. Supreme Court ruled in 2008 that the treaty was not binding on the states and that the president does not have the authority to order states to review cases of the then 51 foreign nationals on death row in the U.S."

In its ruling Thursday about an hour before Leal's execution, the Supreme Court's majority opinion pointed to the IJC decision, saying it's been seven years since then and three years since the previous Texas death penalty case that raised similar consular legal access issues.

If a statute implementing the provisions of the international court ruling "had genuinely been a priority for the political branches, it would have been enacted by now," the majority ruling said

Had the White House and dissenting justices been worried about "the grave international consequences that will follow from Leal's execution ... Congress evidently did not find these consequences sufficiently grave to prompt its enactment of implementing legislation, and we will follow the law as written by Congress," the ruling continued.

Leal's appeals lawyers had pinned their hopes on legislation introduced in the Senate last month that applied to the Vienna Convention provisions and said Leal should have a reprieve so the measure could make its way through the legislative process. Similar bills have failed twice in recent congressional sessions. "Our task is to rule on what the law is, not what it might eventually be," the court said.


You should have no doubts now as to what Medellin really means.
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