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Mexican Citizen Is Executed as Justices Refuse to Step In
http://www.nytimes.com/2011/07/08/us/08execute.html?_r=1&ref=us ^ | July 7, 2011 | Adam Liptak

Posted on 07/08/2011 1:01:47 AM PDT by Cincinatus' Wife

WASHINGTON — In a 5-to-4 decision that split along ideological lines, the Supreme Court on Thursday evening rebuffed a request from the Obama administration that it stay the execution of a Mexican citizen on death row in Texas. The inmate, Humberto Leal Garcia Jr., was executed about an hour later.

……On Thursday, in an unsigned majority opinion, the Supreme Court said that Congress had had plenty of time to act and that the court would not now “prohibit a state from carrying out a lawful judgment in light of unenacted legislation.”

“Our task,” the majority wrote, “is to rule on what the law is, not what it might eventually be.”

The majority also noted that “the United States studiously refuses to argue that Leal was prejudiced by the Vienna Convention violation,” suggesting that a fresh hearing would do Mr. Leal no good. He was convicted of kidnapping, raping and killing a 16-year-old girl.

“We decline,” the majority wrote, “to follow the United States’ suggestion of granting a stay to allow Leal to bring a claim based on hypothetical legislation when it cannot even bring itself to say that his attempt to overturn his conviction has any prospect of success.”

Justice Stephen G. Breyer, in a dissent joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, wrote that the government’s request was modest, given that allowing the execution to proceed would, in the solicitor general’s words, “cause irreparable harm” to “foreign-policy interests of the highest order” and endanger Americans traveling abroad.

The court should defer to the executive branch’s assessment, Justice Breyer wrote, as “the Court has long recognized the president’s special constitutionally based authority in matters of foreign relations.”……..”In reaching its contrary conclusion,” Justice Breyer wrote, “the Court ignores the appeal of the president…

(Excerpt) Read more at nytimes.com ...


TOPICS: Crime/Corruption; Extended News; Government; Politics/Elections
KEYWORDS: deathpenalty; execution; scotus; supremecourt; texas
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-- 5 to 4 --

Who will be president when the next Supreme Court Justice is selected?


1 posted on 07/08/2011 1:01:54 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
[Adria] Sauceda's mother, Rachel Terry, told San Antonio television station KSAT her family already had suffered too long."A technicality doesn't give anyone a right to come to this country and rape, torture and murder anyone," she said. Source
2 posted on 07/08/2011 1:05:39 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

libs rush in to defend convicted rapist


3 posted on 07/08/2011 1:25:34 AM PDT by Da Mav
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To: Da Mav

Almost a dream defendant for the libs. Illegal, Mexican, rapist, murderer, potential voter.


4 posted on 07/08/2011 1:43:25 AM PDT by catbertz
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To: Cincinatus' Wife; potlatch; devolve; ntnychik; MeekOneGOP; dixiechick2000
We may ask if the harpies would clamor for mercy for an American citizen convicted of kidnap, rape, murder.

The New York Times cries out for a Mexican citizen.

Hussein and Holder insist upon a right of aliens to prey upon citizens.

Behold the traitor, the reason for the natural born clause in Article II.


5 posted on 07/08/2011 1:52:31 AM PDT by PhilDragoo (Hussein: Islamo-Commie from Kenya)
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To: Cincinatus' Wife
Title should read:

Upstanding Mexican Citizen Is Executed as Justices Refuse to Step In

Because that's as good as you're going to get out of that stinking hellhole.

The NY Times makes me sick.

6 posted on 07/08/2011 1:53:01 AM PDT by LibWhacker
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To: Cincinatus' Wife

Awww... such pity for the poor, misguided “Mexican citizen.” Just can’t say rapist/murderer, can you, NYT?


7 posted on 07/08/2011 1:55:22 AM PDT by ScottinVA (Imagine.... a world without islam.)
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To: All

From left, Justices Sonia Sotomayor, Ruth Bader Ginsburg and Elena Kagan in the justices' conference room before Kagan's investiture ceremony. (Steve Petteway / Supreme Court)

"For most of the last two decades, Supreme Court conservatives led by Justice Antonin Scalia dominated the debates during oral arguments. They greeted advocates for liberal causes with sharp and sometimes caustic questions, putting them on the defensive from the opening minute.

But the tenor of the debate has changed in recent months, now that President Obama's two appointees to the court, Sonia Sotomayor and Elena Kagan, have joined the fray and reenergized the liberal wing." Sotomayor, Kagan shift Supreme Court debates to the left

8 posted on 07/08/2011 2:16:51 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

Damn freaks. I never vote for female judges. I’m prejudiced with good reason...so sue me. The liberal Supreme Court faction is the three female judges and whatever guy(s) they can rope in. All three of them are mad women in their way. Ruth Ginsburg look pinched and crazy. Sotomayor and Kagan are lesbians. The freaks are taking over


9 posted on 07/08/2011 2:24:39 AM PDT by dennisw (NZT - "works better if you're already smart")
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To: dennisw
...."What all this amounts to is the baptism of fire of what I have taken to calling the "liberal superstructure." This superstructure is the vast constellation of advocacy groups, think tanks, single-issue outfits, unions, and various other flotsam constructed by the left over the past half-century or so. There are literally thousands of these groups, ranging from the ACLU and the Sierra Club with their hundreds of thousands of members to the local "Friends of the People's Venezuela" outfit which amounts to a retired feminism professor and her six cats. These organizations are ubiquitous, universal, and networked to a fare-thee- well. They are also liberalism's last great hope of controlling politics in the United States."..... ----- Democrats Unveil the Weapon of the Future

Each Line on this list has LINKS to more LINKS and more groups in the liberal : Lists of Lists of Lists of the Superstructure of the Left ready to join up And there are many more radical groups and organizations not listed, add to that the many groups who will fold like a cheap suit in the face of so many.

10 posted on 07/08/2011 2:28:11 AM PDT by Cincinatus' Wife
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To: dennisw

Hell, Bill Douglas was a lesbian.


11 posted on 07/08/2011 2:29:01 AM PDT by fieldmarshaldj (~"This is what happens when you find a stranger in the Amber Lamps !"~~)
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To: Cincinatus' Wife

The cats likely provided more intelligence to the organization than she did.


12 posted on 07/08/2011 2:30:24 AM PDT by HiTech RedNeck (Hawk)
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To: Cincinatus' Wife

liberal superstructure.....what was not said is how much of this liberal superstructure of charities, NGOs, advocacy groups etc, lives off of government funding. Meaning, this is where their paychecks are coming from. No paycheck and no idealistic nincompoop is “volunteering” to help save humanity

The Federales and the states are providing jobs (paychecks) to thousands and millions of otherwise unemployable leftists through the liberal superstructure and also via unneeded bureaucracies such as the EPA.

To be fair— There also are plenty of private foundations (such as Ford, Rockefeller and Tides foundations) that help fund the liberal apparatus superstructure


13 posted on 07/08/2011 2:42:16 AM PDT by dennisw (NZT - "works better if you're already smart")
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To: fieldmarshaldj
William Orville Douglas (October 16, 1898 – January 19, 1980) was an Associate Justice of the United States Supreme Court.

I'll bet his decisions would fall under conservative these days. What was liberal back then passes for conservative today. What was communist back then falls under Democrat party today

14 posted on 07/08/2011 2:45:54 AM PDT by dennisw (NZT - "works better if you're already smart")
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To: Cincinatus' Wife

These appointees are as fair and objective, as constitutionally driven as a big pile of nothing. Obama must be defeated.


15 posted on 07/08/2011 2:57:03 AM PDT by BamaAndy
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To: Cincinatus' Wife

Watch it 'amigos'. In Texas they don't play.

16 posted on 07/08/2011 3:07:56 AM PDT by Condor51 (The difference between stupidity and genius is that genius has its limits [A.Einstein])
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To: Da Mav

Fry Mumia.


17 posted on 07/08/2011 3:16:35 AM PDT by boomop1
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To: dennisw

True, along with the “Green movement environmentalists” — the global cooling, warming, climate change aka communist crowd and their indoctrination and inroads as government policy makers.


18 posted on 07/08/2011 3:17:22 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

Justice Stephen G. Breyer, in a dissent joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, wrote that the government’s request was modest, given that allowing the execution to proceed would, in the solicitor general’s words, “cause irreparable harm” to “foreign-policy interests of the highest order” and endanger Americans traveling abroad.

What a complete pantload. This crime happened in the 90’s. It has been brought up numerous times. Screw these idiots.

Its about time the POS was executed.
FUBO!


19 posted on 07/08/2011 3:27:00 AM PDT by Adder (Say NO to the O in 2 oh 12)
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To: Adder

“...allowing the execution to proceed would...endanger Americans traveling abroad.”? Really? No evidence there but if we don’t punish, it certainly endangers Americans NOT traveling abroad. Those dopes who try to pass for women would change their tune as soon as they had a home invasion. Rape probably wouldn’t change their minds as those types usually fantasize about that.


20 posted on 07/08/2011 3:36:59 AM PDT by mikey_hates_everything
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To: catbertz

Had all the attributes of a true liberal himself.


21 posted on 07/08/2011 3:45:27 AM PDT by org.whodat
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To: Adder
Justice Stephen G. Breyer...Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan

Yecccchhhh.

22 posted on 07/08/2011 3:49:16 AM PDT by Darkwolf377 (``Stupidity is also a gift of God, but one mustn't misuse it``-Pope John Paul II)
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To: Cincinatus' Wife

I love the smell of refried beaners in the morning......kudos to Gov Perry and board of pardons for having a pair.


23 posted on 07/08/2011 4:04:13 AM PDT by sniper63 (Ever wonder why they call themselves Hamas, but don't eat pork?)
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To: Cincinatus' Wife
Cry me a river of queso.
24 posted on 07/08/2011 4:14:52 AM PDT by Free in Texas ("Islam is the religion of peace"...Yes, those murdered by Islamists are ever so peaceful.)
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To: Da Mav

Yip, yip, yip yipee!!!!


25 posted on 07/08/2011 4:18:34 AM PDT by Waco (Nominate Palin or forget 2012 you lost)
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To: Cincinatus' Wife
In a 5-to-4 decision that "split along ideological lines",...

Which means that 5 follow the Constitution and 4 do not.

26 posted on 07/08/2011 4:19:41 AM PDT by airborne (Paratroopers! Good to the last drop!)
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To: dennisw
I never vote for female judges.

Same here. Good to know I'm not the only one.

27 posted on 07/08/2011 4:22:32 AM PDT by airborne (Paratroopers! Good to the last drop!)
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To: Cincinatus' Wife

It’s too bad they didn’t have two more nasties to execute; they could have done it Pancho Villa style. (lined them up in threes and then only use one bullet to kill all three.)


28 posted on 07/08/2011 4:38:51 AM PDT by BuffaloJack (2012 is the opportunity to get rid of Obama and his Empire of Lies.)
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To: BuffaloJack

One down and millions to go.


29 posted on 07/08/2011 4:51:31 AM PDT by Progov
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To: Cincinatus' Wife
I"n the moments before his execution, he confessed to his crimes, adding a final twist to his lengthy legal saga, which had spanned more than 15 years and dozens of appeals and decisions by courts from San Antonio to The Hague.

Since his arrest, he had steadfastly denied raping and murdering Sauceda."

30 posted on 07/08/2011 5:01:32 AM PDT by airborne (Paratroopers! Good to the last drop!)
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To: sniper63
"I love the smell of refried beaners in the morning......"

HahahahaHAHAHAHA!!! Thanks for the laugh to start my Friday morning out on a great note.

31 posted on 07/08/2011 5:05:19 AM PDT by Mich Patriot (A government agency is the closest thing to eternal life you'll ever see on Earth. RReagan)
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To: Cincinatus' Wife

If you want some objective facts from the United States Court of Appeals, Fifth Circuit. - 428 F.3d 543 date October 13, 2005. You may need as strong stomach. First page of Google did not indicate that anyone was interested in the details of the crime. Still researching, especially after listening to BBC Radio last night.

http://law.justia.com/cases/federal/appellate-courts/F3/428/543/565370/


32 posted on 07/08/2011 5:07:45 AM PDT by BilLies (Whose your daddy: Frank Marshall Davis?)
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To: Adder

I hope the libs vote in the same manner when confronted with any case appeal with its orgins in the Fast and Furious gun running project which resulted in countless deaths of Mexicans in MEXICO.


33 posted on 07/08/2011 5:10:15 AM PDT by Mouton (Voting is an opiate of the electorate. Nothing changes no matter who wins..)
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To: Cincinatus' Wife
"Mexican Citizen Is Executed as Justices Refuse to Step In"

Well, he wasn't doing anything good for Mexico, and committed a heinous murder in the USA...and we have laws.

This article just serves as a "bash the court" vehicle for America's answer to old time Pravda...the NYT. Actually the Pravda of today gives us better, and more honest coverage than the NYT.
34 posted on 07/08/2011 5:14:25 AM PDT by FrankR (A people that values its privileges above its principles will soon lose both.)
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To: Cincinatus' Wife

“Mexican citizen”

MSM are sure playing up that angle.

Trouble is, he was across the border when the committed the crime, etc.

That makes him an “Illegal Alien”.

[Perry sent a signal to the UN, to Mexico, and to the Obama Administration — his middle finger!.]


35 posted on 07/08/2011 5:16:05 AM PDT by TomGuy
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To: Cincinatus' Wife
Obama has the authority to commute a death sentence. If it was that important, why didn't he use that authority?
36 posted on 07/08/2011 5:16:40 AM PDT by Phlap (REDNECK@LIBARTS.EDU)
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To: Cincinatus' Wife

Good riddance. Texas eradicated another pile of wasted molecules. That miscreant didn’t deserve to live as long as he did, from the time he slaughtered that 16 year old girl. Viva Mexico? No. Viva Texas!


37 posted on 07/08/2011 5:18:14 AM PDT by Old Grumpy
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To: Cincinatus' Wife

I suppose the Reds are at least smart enough to have the ever odious Ginsburg retire before Zero is booted out of office, so that he can appoint a YOUNGER Communist Jew to take her place.


38 posted on 07/08/2011 5:21:58 AM PDT by EyeGuy (2012: When the Levee Breaks)
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To: airborne

“I never vote for female judges.
Same here. Good to know I’m not the only one.”

####

Make it three.

Too big a risk of the man-hating syndrome which is now firmly in place in AMerican CommieAcademia.


39 posted on 07/08/2011 5:23:49 AM PDT by EyeGuy (2012: When the Levee Breaks)
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To: Phlap
No, he doesn't.

The President can only commute sentences and issue pardons in Federal cases.

The Governor of Texas had the ultimate authority over those matters in this case.

40 posted on 07/08/2011 5:24:01 AM PDT by Alberta's Child ("If you touch my junk, I'm gonna have you arrested.")
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To: catbertz
Almost a dream defendant for the libs. Illegal, Mexican, rapist, murderer, potential voter.

And "dream" in another way: He'd been here since he was 2. But for his "slip" with that young girl, he'd be eligible for an accelerated path to citizenship.

I wonder: Under the Dem Dream initiative for young illegals, would they retain special Mexican consular rights in addition to the U. S. citizenship rights they would acquire?

41 posted on 07/08/2011 5:36:33 AM PDT by Pearls Before Swine
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To: Alberta's Child
The Governor of Texas had the ultimate authority over those matters in this case.

And not even then. IIRC, in Texas, the Governor can grant a temporary stay, but commuting the sentence falls to a special panel.

42 posted on 07/08/2011 5:38:44 AM PDT by kevkrom (Imagine if the media spent 1/10 the effort vetting Obama as they've used against Palin.)
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To: Cincinatus' Wife

Hoooo-Fn-ray!!


43 posted on 07/08/2011 6:21:55 AM PDT by harpu ( "...it's better to be hated for who you are than loved for someone you're not!")
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To: Pearls Before Swine
It takes the Times to the last sentence of the eighth paragraph to mention that, by the way, he kidnapped, raped and murdered a 16 y.o. girl, because that's a minor issue here.

Her name was Adria Sauceda, and she would be 33 years old now, if she had lived.

44 posted on 07/08/2011 6:30:53 AM PDT by heartwood
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To: airborne

When I vote I see lots of judges I’m not familiar with. I will never vote for a female one. But if I know she is confirmed conservative then I will vote for her. But those are few and far between

BTW 57% of law school graduates are female so it will be getting worse. In my corrupt county the women dominate on the school board and county commission. They are corrupt, some are going to jail, and usually working in tandem with a husband who who is a lawyer lobbyist type with his own rackets in county government.


45 posted on 07/08/2011 6:50:38 AM PDT by dennisw (NZT - "works better if you're already smart")
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To: kevkrom

Thanks for clarifying that — I stand corrected. I should have made a more general statement about how state officials are the only ones who can issue pardons and commutations for state crimes.


46 posted on 07/08/2011 7:17:01 AM PDT by Alberta's Child ("If you touch my junk, I'm gonna have you arrested.")
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To: Alberta's Child
Yes he can, Texas and any other state be dammed.

Presidential power to grant pardons, which is enumerated in Article II, Section 2 of the U.S. Constitution, is nearly unlimited and cannot be checked by any other branch of government.

Read more: Presidential Pardons — Infoplease.com http://www.infoplease.com/us/government/presidential-pardons.html#ixzz1RWW2Oq00

47 posted on 07/08/2011 7:34:34 AM PDT by Phlap (REDNECK@LIBARTS.EDU)
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To: Phlap
From Article II of the U.S. Constitution:

. . . and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

The guy who just got executed was never charged with "an offense against the United States" (i.e., a Federal crime).

This is why the language in the legal documents drawn up in a criminal proseucution is very specific. In this criminal case, the title of the court action was probably listed as: "The State of Texas v. Mexican Sh!t-Bag Invader" or something along those lines. The Federal government was not a party to the case as either the plaintiff, the defendant or the court of jurisdiction, so it has no standing to interfere in the process unless it assumes one or more of those three roles by entering into its own legal action against the State of Texas in a Federal court.

48 posted on 07/08/2011 7:46:35 AM PDT by Alberta's Child ("If you touch my junk, I'm gonna have you arrested.")
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To: Cincinatus' Wife

Do they want law enforcement to check on legal status or not?


49 posted on 07/08/2011 8:13:25 AM PDT by laotzu
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To: Alberta's Child

Last I checked Texas,(as much as some Texans don’t like it) is part of the United States.


50 posted on 07/08/2011 10:13:31 AM PDT by Phlap (REDNECK@LIBARTS.EDU)
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