BRIEF: Supreme Court Denies Order to Retry Mexican Death Row Inmate

In rejecting President Bush’s executive order to retry a Mexican on death row in Texas the US Supreme Court announced a decision on Tuesday that critics claim highlights “America’s weak system for complying with international law” and may in fact “undercut a whole category of treaties.” 

Jose Ernesto Medellin, a Mexican citizen, received the death sentence for the 1994 rape and murder of two Texas teenagers.  Following his arrest, Medellin was not permitted to seek the support of Mexican consular officials by American authorities. 

The International Court of Justice, following a claim filed on behalf of Mexico, ruled that the United States had to take Medellin off of death row.  In a political move that surprised many in his administration, President Bush attempted to compel Texas to provide Medellin with a new trial by way of an executive order.

Supporters of the recent Supreme Court decision applaud the limitation placed on executive authority.  Chief Justice Roberts wrote in the majority opinion that, “the president’s authority to act, as with the exercise of any governmental power, ‘must stem either from an act of Congress or from the Constitution itself.’” 

For more information, please see:

OneNewsNow.com – Supreme Court Overrules Bush’s Order to Retry a Death Row Inmate – 28 March 2008

Time – How Bush’s Treaty Power Grab Failed – 27 March 2008

Boston.com – Court Rebukes Bush in Death Penalty Case – 26 March 2008