From Time Magazine: "a very novel assertion of presidential powers"
Bush's Surprising Plea for Clemencyhttp://www.time.com/time/nation/article/0,8599,1669866,00.html?xid=newsletter-weeklyIf you tried to come up with the best way to enrage the nativist right in America, you might dream up something like this: a Mexican immigrant, convicted of raping and murdering two adolescent girls, has his execution stayed by President Bush out of deference to the International Court of Justice in The Hague, Netherlands.
Believe it or not, that's the storyline in the controversial case of Medellin v. Texas, which the Supreme Court will hear on Wednesday. The Administration is siding with Jose Ernesto Medellin and his lawyers, arguing that he along with 50 other Mexican nationals should have their convictions reviewed because, in what the International Court has ruled a violation of a treaty signed by the U.S., they were not offered access to Mexican consular officials after their arrest.
The raucous right is in an uproar, stunned that their onetime hero, George W. Bush, is going against them on a case that combines three of the issues closest to their heart: immigration, the death penalty and international sovereignty. But the real lesson the right wing should take from the case is that the presidential power they so jealously defend when it is used against foreign nationals looks a lot less attractive when it's applied at home.
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"It's a jujitsu move of acceding to the International Court of Justice ruling, but aggressively pursuing presidential powers at the same time," says Thomas Goldstein, who heads the Supreme Court practice of the Washington law firm of Akin Gump Strauss Hauer and Feld LLP.
"The idea is that you can essentially write the states a note and tell them what to do. It's a very novel assertion of presidential powers."