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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Monday, July 04, 2011

Solicitor General Starts Job On A Good Note

The Obama Administration takes the rare step of urging the Court to block temporarily a state from executing a convicted individual — in this case, a Mexican national who contends that Texas violated his rights under an international treaty, the Vienna Convention.
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An ongoing issue (it's discussed here back in 2005) is the right to consular assistance for foreign nationals charged in another country that is enshrined in a treaty the U.S. signed in 1969. The Roberts Court held that to give teeth to this requires Congress to pass enabling legislation, ruling against a determination by the Bush Administration that held otherwise. Such legislation was passed to enforce an anti-torture treaty.

Such legislation is pending; it would give a foreign national the right to a court hearing to determine if non-notification "caused actual prejudice to the defendant in the process of administration of criminal justice." [I quote Justice Stevens' concurring opinion.] Stevens as well as the dissenters supported a stay in that case to give Congress time to pass legislation to no avail.

The new Solicitor General, who was involved in a lethal injection case a few years back, asked the Supreme Court to stay the execution of Humberto Leal Garcia (due to die this week) to give Congress time to pass such legislation. His case is discussed here.  Five justices are needed for a stay.  Important as that is, it unfortunately seems like as much of a long-shot as the legislation passing soon. But, knock on wood.

[Idea of post expanded upon.]