On the Docket to See Case Dealing with Scope of Presidential Power

On Wednesday, October 10th On the Docket will be taking Georgetown undergraduates down to see Medellin v. Texas. Details of the case are as follows:

In the Case Concerning Avena and Other Mexican Nationals (Mex. v. U.S.), I.C.J. No. 128 (judgment of Mar. 31, 2004), the International Court of Justice determined that 51 named Mexican nationals, including petitioner, were entitled to receive review and reconsideration of their convictions and sentences through the judicial process in the United States. On February 28, 2005, President George W. Bush determined that the United States would comply with its international obligation to give effect to the judgment by giving those 51 individuals review and reconsideration in the state courts. However, the Texas Court of Criminal Appeals held that the President’s determination exceeded his powers, and it refused to give effect to the Avena judgment or the President’s determination. This case presents the following questions:

1. Did the President of the United States act within his constitutional and statutory foreign affairs authority when he determined that the states must comply with the United States’ treaty obligation to give effect to the Avena judgment in the cases of the 51 Mexican nationals named in the judgment?

2. Are state courts bound by the Constitution to honor the undisputed international obligation of the United States, under treaties duly ratified by the President with the advice and consent of the Senate, to give effect to the Avena judgment in the cases that the judgment addressed?

We will meet at the GUTS bus stop in front of Leo's at 6am and be back on campus by 12 noon. Breakfast will be provided for those who come to the case. Sign up now by emailing onthedocket@georgetown.edu!

Some Upcoming Cases of Note

The media have been very talkative lately about a 1) death penalty case 2) voter ID and 3) several cases dealing with detainees in the upcoming term. The NY Times' Linda Greenhouse predicts that that this upcoming term will be marked by severe disagreement among the justices and lots of dissent.

Take a look at what Greenhouse has to say here.

Election of Judges & Sentencing Guidelines Also to Come before Court

Election of judges:

"The Constitution of New York provides for the election of judges for its trial courts of general jurisdiction. New York’s Election Law authorizes the selection of nominees for judicial office by political parties, through conventions whose delegates are directly elected by party members. The question presented is whether this system is facially constitutional under the First and Fourteenth Amendments to the United States Constitution."

Sentencing Guidelines:

"Whether, when determining the “reasonableness” of a district court sentence under United States v. Booker, 543 U.S. 220 (2005), it is appropriate to require district courts to justify a sentence outside the range recommended by the United States Sentencing Guidelines with a finding of extraordinary circumstances."

Running for Office & Use of Guns to Come before High Court

Two very interesting cases will come before the USSC when it starts its term in October:

The first deals with candidates running for political office posing the question:

"Does the First Amendment prohibit a State from allowing a person running for public office to disclose the name of the party he or she personally prefers on the ballot?"

The name of the case is Washington v. Washington Grange.

The second deals with categorizing the use of guns and poses the following question:

"Whether receiving a firearm in exchange for controlled substances constitutes use of the firearm during and in relation to a drug trafficking crime within the
meaning of 18 U.S.C. 924(c)(1)."

The name of the case is Watson v. US.

You can find more on these cases at this website. Take a look.

Use of Sacred Land Case May Reach California Court Soon

Two interests--one over oil and the other over the preservation of sacred land to a Native American tribe--are about to come into conflict in the courts. Check out the NY Times article here.

Will Immigration Become a National Issue in the Courts?

The National Journal is calling attention to a District Court ruling in PA regarding an ordinance against illegal immigrants which may make its way up to the USSC. The PA District Court ruled that the ordinance which deals with housing and employment of illegal immigrants falls outside the jurisdiction of the municipal government of the states. A 1986 act called the Immigration Reform and Control Act stipulates that only the federal government--not the states--are allowed to regulate these matters.