Wednesday, October 10, 2007


Ok, no, I'm not talking about Vincent Chase's movie that bombed at Cannes. He's just a pretty man.

Today the SCOTUS will (or has, damn time difference), hear argument in Medellin v. Texas, a case that deals with the President's power to direct state governments to comply with international treaty law (in this case, a decision by the International Court of Justice["ICJ"]) when it deals with an area of law that is traditionally left to the states (criminal procedure of sorts). More importantly, it will also deal with whether state governments have an obligation to follow the ICJ's decision even in the absence of Presidential action because international law is, by definition, federal law, and thus preeminent under the Supremacy Clause.

I doubt international law is going to stand much of a chance with the current Court even though this would be a good case to enforce the ICJ's decision because there are direct treaty obligations involved. None of that messy customary international law or jug cogens stuff that makes U.S. judges so uncomfortable.

More info than you probably care for available here.

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