President Bush Wants Supreme Court to Free Illegal Immigrant Murderer/Rapist

Posted by Mary Mancini on October 10, 2007 under Uncategorized |

Of course he doesn’t. I just wanted to see what it feels like to sensationalize a complex issue while completely ignoring the nuance of it for partisan gain.

Urp. I feel a little queasy.

The Supreme Court heard arguments today in a case where presidential powers, international treaties, states rights, and the rights of prisoners intersect. According to the Vienna Convention, which we signed in 1963, government officials must immediately notify a detained foreign national of his right to seek assistance from his consulate.* Unfortunately, the state of Texas (how ironic is that?) didn’t think it had to abide by those quaint rules. They neglected to inform over 50 Mexican nationals arrested, tried and convicted for all sorts of horrible crimes - including Jose Ernesto Medellin, who was sentenced to death for the rape and murder of two teenage girls - that they had these consulate rights. It’s Bush v. States Rights with an international flavor. A Caramel Grandè Cowboy Americano with a Scalito on top, if you will.

The Medellin case previously made it to the Supreme Court in 2005. At that time, the Court refused to rule and instead sent the case back to Texas so the courts there could comply with a Bush administration directive to heed the International Court of Justice ruling to reconsider and retry the cases. The Texas Court of Criminal Appeals refused and accused the White House of an “unprecedented, unnecessary and intrusive exercise of power over the Texas court system.”

It’s an interesting case because in this instance the Bush administration is pushing for the states to be bound by our Constitution to international law, something they consistently argue the federal government is exempt from. Texas says that the ICJ has no influence in the state. President Bush, while disagreeing with the ICJ’s ruling, issued a memo ordering Texas to comply. Texas said, “NO!” And viola, we’re in front of the Supreme Court.

Even more interesting is that, in 2005, according to the BBC, “Mr Bush has since withdrawn the United States from the international agreement that allows the ICJ to have the final say when citizens claim they were illegally denied access to their diplomats when they are jailed abroad.”

So according to President Bush, the states must abide by international law but the federal government doesn’t have to. What kind of Federalist is he? The bad kind. The kind that hates checks and balances, loves signing statements, and does everything he can to insure that the executive power grab continues.

*And while you’re thinking about it, keep in mind that this is the same treaty that protects American citizens when traveling abroad.