This isn't about whether the guy should be juiced, he's a pig and I'll pull the lever myself, it's about whether a foreigner in another country who has been arrested has the right to meet with their consular or embassy officials.
For the SC, this may have been an issue of whether this law is applicable since it was never codified into federal law. But if someone asserts the feds have no jurisdiction over aliens, then you'll have to throw out the treaties the US gubmint has with other nations regarding immunity for ambassadors and other certain embassy officials.
Some here would argue that would be a good thing but in reality it imperils every US ambassador or high ranking embassy official in 3/4 of the stinking rat holes around the world.
Hence my 'illegal entry' qualifier. Had he gone through proper channels, then this man should have access to the council of his own country. But he didn't.
Because I don't see our own ambassadors hoofing it over the border to another country.
IMHO, there is a BIG difference between legal and illegal aliens, and Foreign Political Ambassadors (i.e. military and political dignitaries). There is privilege and immunity for ambassadors that is NOT extended to average people (not that I agree with it, but it’s there).
As I said (and I can’t remember more than one or two other times in my whole life I have said this...) there needs to be a new law then to cover these circumstances. A law that DOES apply to ALL states (as you mentioned codified in Federal Law).
However, I’m still seeing a big gray area here as far as just how far the Federal Gov’t is permitted to go in this instance in light of Amendment X. One could argue that it’s a matter of national security (Fed trumping states in this regard), and that might be the angle they need to take on this if indeed a new law needs to be written.
I’m not going to pretend to know all the ins and outs on these particular laws, but the 10th Amendment is pretty clear, IMO. (Then again, so is the 2nd and we all know how that’s going! LOL).