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Supreme Court Sides With Texas in Dispute With Bush Over Mexican's Death Row Case
Fox News ^ | 3/25/2008

Posted on 03/25/2008 7:41:15 AM PDT by B Knotts

WASHINGTON — President Bush overstepped his authority when he ordered a Texas court to grant a new hearing to a Mexican on death row for rape and murder, the Supreme Court said Tuesday.

In a case that mixes presidential power, international relations and the death penalty, the court sided with Texas 6-3.

Bush was in the unusual position of siding with death row prisoner Jose Ernesto Medellin, a Mexican citizen whom police prevented from consulting with Mexican diplomats, as provided by international treaty.

An international court ruled in 2004 that the convictions of Medellin and 50 other Mexicans on death row around the United States violated the 1963 Vienna Convention, which provides that people arrested abroad should have access to their home country's consular officials. The International Court of Justice, also known as the world court, said the Mexican prisoners should have new court hearings to determine whether the violation affected their cases.

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


TOPICS: Breaking News; US: Texas
KEYWORDS: adiosmofo; aliens; bush; deathpenalty; deathrow; icj; immigration; medellin; mexico; ruling; scotus; supremecourt; texas
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6-3 Ginsburg, Breyer & Souter
1 posted on 03/25/2008 7:41:17 AM PDT by B Knotts
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To: B Knotts

Good.


2 posted on 03/25/2008 7:41:51 AM PDT by Brilliant
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To: B Knotts

I meant to say that Ginsburg, Breyer & Souter were the dissenters.

Chief Justice Roberts wrote the Opinion of the Court.


3 posted on 03/25/2008 7:42:34 AM PDT by B Knotts (Calvin Coolidge Republican)
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To: B Knotts

Bush siding here with Ginsburg, Breyer & Souter, also....


4 posted on 03/25/2008 7:43:59 AM PDT by ConservativeDude
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To: B Knotts

Presidential elections always matter folks.....


5 posted on 03/25/2008 7:45:41 AM PDT by Finalapproach29er (Dems will impeach Bush in 2008, they have nothing else. Mark my words.)
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To: B Knotts
Opinion here [PDF Format]
6 posted on 03/25/2008 7:45:41 AM PDT by B Knotts (Calvin Coolidge Republican)
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To: B Knotts

An international court ruled in 2004 that the convictions of Medellin and 50 other Mexicans on death row around the United States violated the 1963 Vienna Convention
________________________________________________

Hmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm

This vicious rape and murder of 2 American teenagers did not happen “internationally”

It happened right here in our country...

The perps were illegal aliens who should never have been here in the first place...


7 posted on 03/25/2008 7:46:18 AM PDT by Tennessee Nana
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To: ConservativeDude

WTH, Bush comes to aid of death row killers if they are Mexican!!


8 posted on 03/25/2008 7:46:45 AM PDT by Jane Austen (Boycott the Bahamas)
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To: B Knotts

Thank God we now have Alito and Roberts...


9 posted on 03/25/2008 7:47:18 AM PDT by Tennessee Nana
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To: B Knotts

Any time the CJ writes the opinion, it means the Court sees the case as especially important.


10 posted on 03/25/2008 7:47:42 AM PDT by MindBender26 (Leftists stop arguing when they see your patriotism, your logic, your CAR-15 and your block of C4.)
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To: B Knotts

Was this the case that was delaying executions of death row inmates?


11 posted on 03/25/2008 7:48:15 AM PDT by mdittmar (May God watch over those who serve,and have served,to keep us free)
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Comment #12 Removed by Moderator

To: ConservativeDude

I disagree. Bush sided with the illegal in this case knowing that his decision would not hold up in court. This allowed him to play the diplomacy card while ensuring the illegal would not go free. I know there are a lot of Bush haters, but he has more smarts (and a better staff) than he is credited with.


13 posted on 03/25/2008 7:48:32 AM PDT by Skenderbej
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To: B Knotts

The big three lose again, and take Mr. Bush along for the ride! When is Texas gonna’ fry this hombre’? Soon, I hope!


14 posted on 03/25/2008 7:48:43 AM PDT by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: B Knotts
The president may not "establish binding rules of decision that pre-empt contrary state law," Roberts said.

That's worth framing.

15 posted on 03/25/2008 7:50:40 AM PDT by HoosierHawk
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To: B Knotts

I think Fox got some of their facts wrong. The prisoner was not PREVENTED from contacting his embassy. He never ASKED to contact the embassy. The embassy issue did not come up until the appeals.


16 posted on 03/25/2008 7:51:15 AM PDT by mouse_35 (Vote Demorcrat for 2008! Lets do for Iraq what we did for Cambodia!!!)
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To: B Knotts

Wow. Good Bush put Roberts on the court. This is an important decision.

Sorry Bush, you lose this one.

Ginsburg, Breyer, Souter, the Three Amigos.


17 posted on 03/25/2008 7:51:28 AM PDT by dforest
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To: B Knotts

I couldn’t help thinking of this when I saw the name:

“The Medellín Cartel was an organized network of drug smugglers (drug cartel) originating in the city of Medellín in Colombia and operating through the 1970s and 1980s. It was built and run by Pablo Escobar. At its height, it was bringing in as much as $60 million per month, and was estimated by some to be worth as much as $28 billion in total. Other noted figures involved in, or connected with the cartel include the Ochoa family José Gonzalo Rodríguez Gacha, Max Mermelstein, Jon Roberts, Mickey Munday, and Carlos Lehder.”

I’m sure it’s not related.


18 posted on 03/25/2008 7:51:49 AM PDT by Califreak (Hangin' with Hunter-under the bus "Dread and Circuses")
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To: B Knotts
From the Opinion of the Court:

In sum, while treaties “may comprise international commitments . . . they are not domestic law unless Congress has either enacted implementing statutes or the treaty itself conveys an intention that it be ‘self-executing’ and is ratified on these terms.”

19 posted on 03/25/2008 7:52:34 AM PDT by B Knotts (Calvin Coolidge Republican)
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To: B Knotts

Having Kennedy as the key swing vote is proving to be much better when it was both Kennedy and O’Connor. Sandra swung the court much further to the left than Kennedy.


20 posted on 03/25/2008 7:53:25 AM PDT by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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