Don't Mess with Texas:
Supreme Court Says No to the President, the International Court of Justice & Consular Notification

Thursday, April 10th at 11:10 AM
University of Maryland School of Law
Room 108

ACS UMD is proud to present a discussion of the Supreme Court's recent decision in Medellin v Texas. The case involves 51 Mexican nationals who were denied consular representation in criminal cases in Texas. Despite a past ruling of the ICJ, Texas declined to review the sentences and argued that the procedural default rule barred the defendants from asserting claims of ineffective assistance of counsel (for lack of consular notification). The Bush Administration intervened via Executive Memorandum, asking Texas to review the sentences. Texas declined.

In a 6-3 decision, the Court found that an Executive Memorandum issued to Texas could not bind the state. Further, while encouraging Texas to comply with U.S. obligations under the Vienna Convention, the Court held that the ICJ ruling in Avena did not create binding law for Texas courts.

Panelists will discuss the decision. Professor Michael Van Alstine (a signatory to an amicus brief on behalf of Texas) will address the issue of Executive power. Professor Peter Danchin will discuss Article 94 of the U.N Charter and the obligation it places on states to comply with decisions by the World Court. A third panelist will address the issue of U.S./Mexico relations in the wake of the decision.