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Medellin v. Texas - International Justice, Federalism, and the Execution of Jose Medellin (Paperback)
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Medellin v. Texas - International Justice, Federalism, and the Execution of Jose Medellin (Paperback)
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In 1993, JosE MedellIn, an eighteen-year-old Mexican national who
lived most of his life in the United States, was arrested for his
participation in the gang rape and murder of two girls in Houston,
Texas. Despite telling police that he was born in Mexico, he was
never informed of his rights to contact the Mexican Consulate, a
right guaranteed to him by Article 36 of the Vienna Convention on
Consular Relations. The Mexican government filed suit against the
United States in the International Court of Justice (ICJ), which
ruled that the United States had violated the rights of both Mexico
and MedellIn, along with fifty-one other Mexican nationals in other
cases. The ICJ instructed the United States to provide "review and
reconsideration" of the convictions and sentences of the fifty-two
Mexican nationals.Armed with this new decision, MedellIn sought a
writ of habeas corpus, which was denied by the lower courts. He
petitioned for a writ of certiorari, which the Supreme Court
granted, twice. While President George W. Bush sided with the ICJ,
the State of Texas, under Solicitor General Ted Cruz, argued
against the president. Despite a nearly universal belief among
court watchers and legal scholars that Texas would lose, the Court
in a 6-3 decision ruled in favor of Texas and against MedellIn in
June 2008. MedellIn was executed just two months later. In this
volume Alan Mygatt-Tauber tells the story of MedellIn v. Texas,
showing how the Court's 2008 ruling grappled with the complex
question of how a united republic that respects the dual
sovereignty of its constituent parts struggles to comply with its
international obligations. But this is also a story of
international human rights and the anomalous position of the United
States regarding the death penalty compared to other nations. In
the closing chapters, the author explores the aftermath of the
execution, including the continued effort of Mexico to seek justice
for its nationals. Mygatt-Tauber offers a detailed examination of
the case at every stage of proceedings-trial, appeal, at the
International Court of Justice, and in both trips to the Supreme
Court. He provides never-before-revealed information about the
thinking of the Bush White House in the decision to comply with the
ICJ's judgment and to withdraw from the Optional Protocol to the
Vienna Convention which granted the ICJ jurisdiction.
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