You must no something I don't. Last I saw, Medellin v. Dretke hadn't been heard by SCOTUS yet. The last disposition I saw was that Medellin's claim was DENIED by the 5th CC, and the appeal to SCOTUS was as of yet unheard.
Sorry, I thought it had been decided. I guess we'll have to wait and see how it turns out then. It looks like it is scheduled to be argued on March 28th. If they find for Medellin it could affect this issue, no?