In March 2004, the United Nations’ International Court of Justice at the Hague (ICJ), which settles legal disputes between UN member states, heard the Avena case, which involves more than fifty Mexican nationals who are now on death row in the United States. In this case, Mexico brought suit, alleging that American authorities had violated the Vienna Convention on Consular Relations by failing to inform the Mexican detainees of their rights to consular consultation.
In a February 2005 case involving one of the detainees, Jose E. Medellin, President George W. Bush issued an executive memorandum, ordering the Texas state courts to comply with the Avena judgment. Medellin applied for a writ of habeas corpus (that is, relief from unlawful detention), and in November 2006, a unanimous ruling from the Texas Court of Criminal Appeals denied the application. The Texas court ruled that the decisions of the ICJ are not binding on American courts and that the president’s memorandum demanding that the states comply with the ICJ’s ruling is beyond presidential authority as spelled out in the Constitution. Medellin has appealed the decision and the U.S. Supreme Court will hear the case on October 10.
During the first panel, law professors John O. McGinnis of Northwestern University, Peter B. “Bo” Rutledge of Catholic University of America, and Michael J. Matheson of George Washington University will discuss the domestic validity of decisions of international tribunals. AEI visiting scholar John Yoo will moderate.
Participants of the second panel will look at the issues raised by Medellin v. Texas, including the authority of the president to order states to follow decisions of international tribunals. Panelists include the solicitor general of the state of Texas, R. Ted Cruz; Edward T. Swaine of the George Washington University Law School, and Michael D. Ramsey of the University of San Diego School of Law. Edwin D. Williamson, a former State Department legal adviser, will moderate.
This AEI Legal Center for the Public Interest event is cosponsored by the Federalist Society.
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