Hey, World Court: Bug off!
They just won’t stop meddling with our sovereignty. The weenies on the World Court are leaning on their friend President Bush to stop the execution of five illegal alien Death Row inmates. You’ll recall that in March, our Supreme Court sided with the state of Texas in upholding US sovereignty and rejecting the World Court/Bush view that individual US states should submit to international law and overturn the will of the people on the death penalty.
What part of “No” don’t they understand?
The World Court ordered the United States on Wednesday to do all it could to halt the imminent executions of five Mexicans until the court makes a final judgment in a dispute over suspects’ rights.
The row, which has strained relations between the neighbors, centers on the fact that the United States failed to inform 51 of its citizens sentenced to die in U.S. jails of their right to consular assistance.
One of the five Mexicans on death row, Jose Medellin, is due to die on August 5 in Texas.
In 2004, the World Court ruled in favor of Mexico, finding the United States had violated international law, and ordered it to review the 51 cases to see whether the lack of consular assistance had prejudiced the outcome of their trials.
A year later, U.S. President George W. Bush ordered Texas to review Medellin’s case but the U.S. Supreme Court ruled in March that Bush had no authority to do so, leading Texas to schedule Medellin’s execution for August.
“The court indicates that the United States of America shall take all measures necessary to ensure that five Mexican nationals are not executed pending its final judgment,” Judge Rosalyn Higgins said.
Mexico has asked the World Court or International Court of Justice (ICJ) for an interpretation of its 2004 ruling, given U.S. assertions that its federal states have a large degree of legal autonomy and it cannot compel them to review the cases.
What will the White House do? Remember, President Bush stood with the World Court against America.
And where would our two presidential candidates stand on this case?
Not hard to guess.
***
Former Texas solicitor general Ted Cruz, who successfully argued the case, provided good background on the fight here:
In Medellín v. Texas, the issue was not simply whether U.S. judges should consult foreign law to guide their decision-making; instead, the central question before the U.S. Supreme Court was whether the United Nations’ World Court has the legal authority to bind the courts of the United States. In other words, the issue was whether decisions of the World Court are superior to those of the Supreme Court, and whether Americans will be governed by the decisions of foreign judges in The Hague.
Thankfully, by a 6-3 vote, the Supreme Court got this one right.
The case began fifteen years ago, when two teenage girls were brutally gang-raped and murdered in northwest Houston, just a few blocks from where I attended church as a child. All six gang members were caught, convicted, and unanimously sentenced to death (except for one who was too young to be eligible for capital punishment). Now approaching two decades after this horrific crime, only one gang member has so far had his sentence carried out.
Another of the gang members, Jose Ernesto Medellín, has seen his case become an international cause célèbre, making it all the way to the World Court and twice to the Supreme Court of the United States.
Last week, in a landmark ruling, the U.S. Supreme Court rejected all of Medellín’s claims and paved the way for the victims’ grieving families to finally see justice. But the issues in Medellín v. Texas extend well beyond this one confessed murderer.
Medellin argued that the U.S. Supreme Court was bound by the World Court, and that the World Court had already decided he deserved a new trial. By a vote of 6-3, the U.S. Supreme Court emphatically concluded that the World Court has no such authority. That decision was correct because the Constitution doesn’t grant foreign courts any authority over U.S. courts, and it was critical to preserving our Nation’s fundamental sovereignty.
How on earth did this Texas murder case get to the World Court? Well, in 2003, the nation of Mexico sued the United States in the International Court of Justice (the formal name of the World Court), which is the judicial arm of the United Nations. And, in 2004, the World Court ruled for Mexico.
Mexico’s suit was filed on behalf of 51 Mexican nationals, including Medellín, all of whom were convicted murderers on death row throughout the United States. Our southern neighbor argued, correctly, that these Mexican nationals had a right under the Vienna Convention on Consular Affairs (a treaty ratified by the United States in 1969) to contact their local Mexican consulates for assistance. As a result — even though the suit raised no questions concerning the proven guilt of these 51 murderers — Mexico sought to have all of their convictions annulled.
The problem was that most of the 51, including Medellín, had failed to raise any Vienna Convention claims at trial, and the usual rule in American criminal law is that if you fail to raise a claim at trial, that claim is forfeited.
Not overly concerned with the usual rules of criminal law in the United States, the World Court agreed with Mexico across the board and issued a remarkable ruling: it “ordered” the United States to reconsider the convictions and death sentences of all 51 convicted murderers.
The World Court ruling was unprecedented. In over 200 years of our Nation’s history, no foreign tribunal has ever before asserted the authority to bind U.S. courts, much less to reopen final criminal convictions. And, armed with the decision of the World Court, Medellín argued that American courts had no option but to obey.
Fortunately, the United States Supreme Court disagreed. In an opinion authored by Chief Justice John Roberts, the Court held that the World Court decision cannot be enforced in U.S. courts.
The Supreme Court’s decision was a victory for the State of Texas, but, even more importantly, it was a victory for the American people. Medellín’s argument — which three Justices on the Court would have largely adopted — would fundamentally undermine the sovereignty of our Nation.
The United States Constitution vests sovereignty in the Congress, the U.S. Supreme Court, the President, the fifty States, and ultimately, in We the People. Had Medellín prevailed, American sovereignty and independence would have been gravely undermined.
If Medellín had prevailed, it would have elevated the World Court above the Supreme Court of the United States, given that foreign court binding authority, and made its far-away judges the final arbiters of the law that governs American citizens.
Nobody disputes that the United States should comply with treaty obligations, and both the federal and state governments have gone to extraordinary lengths to ensure foreign nationals are notified of their rights under the Vienna Convention. But that is not a reason to disturb the convictions of unquestionably guilty murderers.
Jose Ernesto Medellín voluntarily confessed, in writing, and bragged about raping and killing these young girls as they pleaded for their lives. A jury of his peers unanimously sentenced him to death, and the families of the girls he murdered have waited far too long to see that sentence carried out.
How much longer will they have to wait?
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Nuts.
The Death Penalty is made for a reason. I wish I had the audio of the little girl calling 911 but I just don’t have the nerve to hear it again. SAD SAD SAD.
You mean they’re not calling for the release of our Border Patrol agents?
We will stop the executions of the murderers of American citizens when the illegal aliens stop murdering US citizens. I note that the victims of the murders never even got a trial.
Memo to World Court:
We will gladly halt the execution of these legally convicted murderers as soon as the Government of Mexico stops printing and distributing a comic book telling its citizens how to illegally enter the United States.
Ohhh the irony…
While I oppose the death penalty, I applaud the Supreme Court ruling as one for common sense. The Geneva Conventions state that the convicts had a right to consular access but since they did not request it, this statue has no bearing on the judgment rendered by the sovereign court system of the US.
My idea of swift justice is that these thugs all rot in a dark dampy solitary confinement cell with only bread and water and no contact with the outside world until the day they die of old age.
Hey…World court, how about stopping the Saudis and others from stoning to death the victim’s of rape in there countries…
Excuse me???? Give me a break!!!!
The World Court can take their “order” and shove it where the sun doesn’t shine …
The unmitigated gall and nerve of these foreign judges to think they can override the laws and courts of the USA is beyond comprehension …
I am so mad, I can hardly type. HOW dare any court outside the United States of American dictate what we do. I remember when the SC gave their verdict, boy they got that one right. I just pray for the families of these girls.
L
U.S. sovereignty has been under assault for a long time now. Unfortunately our government has accepted some of these demands and bowed to their request, which only leads to more demands and more requests.
We are standing on the brink of socialist liberals controlling every aspect of our government. Do you really believe they will follow the will of the American people? Don’t be foolish. More of our sovereignty will be handed over to others.
Our government is so out of control and has so much power that the voice of law abiding, tax paying, legal Americans is being drowned out. Every nigt on the news you see reports of someone fighting for the rights of illegal aliens, rapist, and any number of others who are breaking our laws.
I think this is the critical quote here. I don’t see anywhere where Medellin was prevented in exercising his rights to seek consular assistance. It appears that his defense willing choose not to.
Posing a poor defense (assuming that his defense team wasn’t criminally negligent) does not give you the right to a re-trial.
You snooze, you loose
So, if I am arrested, do the police have the duty to tell me that I have the right to request consular assistance from Mexico? What about Canada? Or Ireland? Or Guatemala?
If I don’t tell them that I am a citizen of another country in this country illegally, how are they to know? Are they just to assume that because I am a big, dumb white guy with red hair and a bad temper that I’m Irish?
So you are in favor of the death penalty, just the slow torturous type
I knew I liked you more than just for your tasty name. Now I’m hungry again
Let’s deport our next batch of criminal illegals to Vienna.
Dear World Court,
Go blow it out your @$$.
Love,
The American People
We can’t heat and cool our homes, drive our cars, kill murderers and expect the world to understand. This is a worldwide economy. If we would just do what the other countries want us to do, we would have peace. Can’t we all just fist bump and get along?
If anything we need to expand the death penalty, And limit appeals to two.
Kill a child under 12- death
Rape a child under 12- death
Illegal aliens who kill- death
Gang Bangers who kill- death
Convicted felons who kill- death
Drug smugglers – death
Kill two or more people- death
Crooked Congressmen – death
IMHO
Constitution Trumps All Treaties!
Meanwhile as the World Court is meddling in our judicial system, Robert Mugabe and his thugs are busy again raping what used to be the bread basket of Africa.
Sausage
You’re childish sarcasm wasn’t lost on us, we just choose to ignore inane comments.
Why is there a World Court and who is paying for it and who is enforcing its judgments?
sorry, “your childish sarcasm”, forgot to preview.
And, that should be the end of the story. We are a sovereign nation, at least for the time being.
More and more I think the US under Pres Truman made a serious error in setting up-joining the UN.
Of course not. In fact it probably will be calling for ALL Border Patrol agents to be jailed. I’m sure the World Court considers our ICE/Border Partrol Agents terrorists doing evil to poor immigrants who just doing what it takes to get a better life…at OUR expense.
Or so the Obamessiah would have us believe.
its citizens? Excuse me? How is an illegal alien intruder a “citizen” of the United States? Move along eurotrash.
So Mexico thinks their citizens have the right to enter the USA illegaly, but, should not be subject to our laws when they commit crimes?
And some people think they’re our allies!?
In Great Britain, they would say, “Hey, World Court: Bugger off!”
Thank goodness, our Michelle is much more civil than that!
Now, if the World Court were actually on the side of peace-loving, intelligent people, I might consider them a bonus, but until they prove otherwise, their leadership and those who support them, are, well, you know…not humanitarians…and in no position to determine what happens in our state of affairs.
I wonder if George Soros is a monetary contributor to the World Court??? Does anyone here know?
#26 I think you misunderstood read the paragraph above they’re talking about Mexico’s citizens they failde to inform.
At the time, it appeared to be a hopeful and idealistic move. Had Truman and the US been more realistic in figuring out what the UN would become, I would hope it would have been insisted the UN be located in a more appropriate location somewhere other than the United States. That would have made it easier to withdraw from it and wash our hands of such a corrupt and pathetic organization.
Much better
So Mexico is happy to be rid of its dregs until they get in trouble and are facing the death penalty?
I guess that interrupts the flow of money back home.
I have an idea, load up these Mexican death-row inmates onto an airliner, fly over Mexico City and push them out at 35,000′.
“No Senor Presidente, we sent them back to Mexico. No sir, they were fine when they left the plane”.
What keeps bothering me is 3 justices voted in favor of the World Court ruling. What law did they study that has our soviergnty subserviant to an ambiguous ‘Wolrd Court’ that has no ties to our laws or constitution? When did we legally sign away our ability to adminster our own law to another body other then the people of the USA?
I don’t think they expected it to be any more successful than the League of Nations, and it hasn’t been.
#33
Ginsburg, Souter, Stevens, Breyer always take International Law into consideration when making decision in the SC O’Connor did as well.
That is why the detainees are able to get habeas corpus now.
my head hurts!
What keeps bothering me is 3 justices voted in favor of the World Court ruling. What law did they study that has our soviergnty subserviant to an ambiguous ‘Wolrd Court’ that has no ties to our laws or constitution? When did we legally sign away our ability to adminster our own law to another body other then the people of the USA?
Even more perplexing is that they voted that a non-US entity has superiority over themselves!
OK, we’ve reconsidered…now where are our needles?
When will this nightmare end?
I guess the “World Court” doesn’t realize they exist only because our nation keeps the animals at bay.
wrcnossen
they exist only because we keep spending so much money to keep the UN from going under …
We’re wrong to secure our borders and apparently not allowed to obey our own laws in prosecuting criminals. What is wrong with our politicians? Bush is flat out wrong here.
SWEET! I get a dead illegal alien scumbag for my 37th Birthday! Yay!
Happy birthday to me indeed!
Any bets on how this would play out with an American illegally in Mexico killing a citizen there?
Once again the problems of taking prisoners rears its ugly head – doesn’t work for POW and likely not for rabid invaders.
Mojoe #32,
You’ve got the right idea! I thought we should have done the same to the gitmo residents; no waterboarding or rendition necessary – just a skydiving lesson, no parachute necessary!
“I do solemnly swear…to preserve, protect and defend, the Constitution of the United States, from all enemies, foreign and domestic….”
Wouldn’t you think the court ruling would be 9-0???
If Mexico is going to dump their trash in our yard, then it’s up to us to burn it.
The Court of BrianNY finds the World Court to be as illegitimate as a Jesse Jackson “love child,” and as ineffectual as Barack Obama with an unassembled M4 Carbine.
Seriously, why don’t we just install one of those French, water-fountain toilets into every American bathroom while we’re at it?
We wouldn’t be still discussing it 20 years after the crime.
The libs don’t want immigration status to be known. So the next time make everyone happy; don’t ask – don’t tell, treat the criminals like the citizens they want to be and then fry them all!
Maybe in the past tense but, definitely not in the present tense, I don’t think.
I think some are missing the nuances of the quote Michelle posted …
By their statement it is obvious that the World Court does not comprehend that these were illegal aliens … not US citizens …
US citizens would have no need for “consular assistance” because they would be US citizens in a US court …
The World Court obviously does not acknowledge that these were “illegal” invaders that violated our sovereignty and then committed crimes that are punishable by death …
The world court considers us all “citizens of the world”, which is why they think this court case is any of their business.
#54
You guys are reading that statement wrong!
The World Court ordered the United States on Wednesday to do all it could to halt the imminent executions of five Mexicans until the court makes a final judgment in a dispute over suspects’ rights.
The row, which has strained relations between the neighbors, centers on the fact that the United States failed to inform 51 of its citizens sentenced to die in U.S. jails of their right to consular assistance.
The court knows they’re illegal and they weren’t give access to their consular assistance.
US citizens wouldn’t need to consular assistance.
Along with open borders, moon god worship, and the world court sticking it’s nose into this country’s business, you nice folks should be able to see a New World Order forming.
Did I leave out Christianty as hate speech, Homosexual marriage, and abortion as a form of birth control to add as evidence of the sick secular human tower of babel being made at the expence of Americans by unfair trade called NAFTA, and GATT.
Right, there is no agenda to form a world government, move along folks, ignore this Nationalist.
What hutspa!
I just saw on Fox, that this creep will be put to death in August. The 6th I think.
The Supreme Court said that Government didn’t have the authority to sign up separate states into the World Court. So it’s up to Texas whether they execute him or not.
Of course Geraldo says now our citizens may not be able to talk to a Consulate member in a foreign country.
Alternate (more traditional) spelling of hutspa…
Chutzpah!
…
…but Daniel Pearl was given his right to consular assistance, right? Isn’t this the same World Court that is silent about the victims of Islamo-zealousy?
Question, would the World Court be throwing a hissy fit if Texas were governed by Sharia Law?
It doesn’t seem to have anything to say about the nations that ARE ALREADY governed by Sharia Law.
I think Sharia Law is the 52 item to be given the death penality. I read as soon as Leatherneck is in charge, Sharia Law, and any Mosque found preaching hate will be destoryed with the American flag placed on top for the World Court to see.
All the more reason for us to withdraw from the U.N and all this mess. We need to honor our own sovereignty first.
World Court ORDERED as in ORDERED the U.S. to…
We must DIVORSE ourselves from the U.N. and et.al.
AND not more U.S. $$$$$ to them!
that would be
NO MORE
Leatherneck #64 I think I could arrange some willing volunteers to pilot a couple of F-15Es to make this a reality allowing you a flattened objective to plant our nations colors upon.
The World Court can make all the rulings it wants to I would just like to see them enforce it. I believe this toothless organization would make a wonderful secondary target as well.
Um.. Kill the killers so they don’t kill again. Amen
We don’t need no stinkin world court.
Boomer,
That is very kind, and down right American of you.
Cheers,
Anyone know when Khadafi gets to start appointing the next round of judges for the ‘world court’?
When WE, The United State, start quitting these ridiculous organizations we will all be better off for it.
International tribunals for settling trade and navigation issues have grown into meddling in internal affairs.
Just say no and go away. We should have quit the UN in 1947 and never joined the others. When you have American judges and Presidents quoting judges from other countries you know you have a problem. Remember the clown Sandra Day O’Conner explaining why we needed to consider foreign judges and laws? It was ‘nice’.
Several years ago Arizona executed a German national for murder. When the German Ambassador objected to the execution our State Attorney General told him that if Germans did not murder people in Arizona we would not have to execute Germans.
We should file impeachment charges against the three “JUSTICES” that voted to obey the World Court!
Does anyone know how we do that?
This ain’t over yet. Texas guv’ner Rick Perry, a big friend of President Bush, can still pardon these a$$holes.
Yes! F*&% you Jose.
Oh yeah, Jose, say hi to Tookie for us.
That’s as far as I needed to read. Ordered? News flash for the WC: this is the United States of America, a sovereign nation.
Got that, WC?
Absolutely true. In their ruling statements they frequently state they are trying to bend US law to conform with European law.
Do we need any thing more to convince us that electing Obama as President with the power to appoint new Supreme Court justices is a death sentence for our sovereignty?
Texas….Just killing the foreign killers their home countries won’t kill. Ariba!
The World Court won’t order China out of Tibet, won’t order Iran to rescind the death sentence against Salman Rushdie, and in fact seems to be totally committed to supporting murderers and tyrants and to extinguish freedom and democracy. The US must stop financially supporting the UN which is dominated by psychopathic third world scum and European socialists. The world court is just one example of the UN as not merely a totally useless organization, but one dedicated to destroying the US.
It is clear that the US could free billions of the world’s people from the ravages of tyrannical and murderous rule by eliminating the UN, and using our military to kill off dictators like Robert Mugabe, blowing up the pirates and warlords in Somalia, and wiping out as many in Hezbollah and its ilk as possible. Whether everyone wants western style democracy or not is arguable, but everyone does want food, clean water, medical care, and freedom from being murdered by psychopathic tyrants. The psycho we kill off will never stop wanting to kill us, but we could make a lot of friends in the world by doing some real justice on the killers.