News and Developments 2007: Foreign Nationals

On October 10, the U.S. Supreme Court will hear arguments in Medellin v. Texas, a case that will determine whether President Bush overstepped his authority by ordering state courts to comply with a 2004 International Court of Justice (ICJ) ruling. The case involves Texas death row inmate Jose Medellin, one of 51 Mexican foreign nationals who were denied their right to contact Mexican consular officials after their arrest. The ICJ's 2004 ruling called on U.S. courts to review the cases in light of this treaty violation, but Texas refused to review Medellin's case and he petitioned the U.S. Supreme Court for relief. The Supreme Court agreed to hear his case at that time, but before it could be decided, President Bush ordered the respective state courts to provide the review required by the ICJ. The Supreme Court then dismissed Medellin's case to allow time for this review. Texas courts again refused to grant such a review, claiming that President Bush did not have the power to give such an order. Medellin again appealed to the Supreme Court, which granted certiorari and will now consider the extent of President Bush's power to order compliance with the ICJ's ruling. Texas has argued that the Constitution does not give the president direct authority over courts, state or federal, even to have them conduct a hearing. The Bush Administration contends that state courts cannot be allowed to veto treaty obligations and that the president has inherent authority stemming from his unique foreign policy role.

The U.S. Supreme Court has agreed to hear Medellin v. Texas, a case that will determine whether dozens of Mexican foreign nationals on death row in the U.S. are entitled to a new hearing because they were denied their right to seek consular assistance upon their arrest. The Bush administration and the Mexican government both urged the Justices to take the case after the Texas Court of Criminal Appeals refused to comply with President Bush's order to state courts to review the cases of the 50 Mexican foreign nationals who had been denied their rights under the Vienna Convention on Consular Relations. The Bush administration's brief noted that the Texas court's decision, if not reversed, "will place the United States in breach of its international law obligation" to comply with the World Court's decision and would "frustrate the president's judgment that foreign policy interests are best served by giving effect to that decision."