Supreme Court to rule whether international treaty trumps state law
"It's the first time in the history of this nation that any foreign tribunal has asserted its authority to command the U.S. justice system," Cruz said.
Here we go with those d@@@@@@@@@@m tribuuuuuuunals. UnAmerican. If the white house wins, then you can kiss our way of life gone.
Look what was said at the end of this article:
Excerpt....
"New York lawyer Donald Francis Donovan, who will argue on behalf of Medellin at the Supreme Court, said the case is about showing the international community that the U.S. lives up to its treaty obligations. "What's at stake is the U.S. commitment to the rule of law," he said.
Cruz calls the administration's decision "breathtaking."
"With the stroke of a pen, by writing a two-paragraph memorandum to a Cabinet official, the president can set aside any state law he or she deems contrary to international comity," Cruz said.
Texas courts: Claim forfeited
Texas courts have found repeatedly that under state law, Medellin has no right to challenge his conviction and sentence, even if the Vienna treaty was violated. There is no dispute that Medellin wasn't notified of his treaty rights when he was arrested, but the state has argued he failed to raise that objection at trial, forfeiting the claim.
The litigation has bounced between Texas and the U.S. Supreme Court for years over procedural issues. On Wednesday, the appeal will finally be considered on the merits.
Michael Matheson, a law professor at George Washington University, said the Vienna Convention and other treaties protect Americans abroad who are charged with crimes. He also cites the need to maintain a good relationship with Mexico.
But Kent Scheidegger of the California-based Criminal Justice Legal Foundation, a victims-rights advocacy group, said the case is about a heavy-handed federal government interfering with state affairs. His group has filed a brief with the Supreme Court on behalf of the parents of Jennifer Ertman. The brief said the girl would be 29 now and "her parents have waited longer for justice to be done in this case than Jennifer lived her entire, much too short, life."
One of Medellin's fellow gang members was executed last year, with Jennifer Ertman's father present as a witness"