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Criminal Law

: Sentencing Law and Policy

"States win over President on criminal law issue" in Medellin

By Douglas A. Berman

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I have borrowed for my title of this post the title of this post at SCOTUSblog, which reports on today's Supreme Court ruling in the capital/international case of Medillin.  The full opinion is available at this link, and here is the start of Lyle Denniston's summary:The Supreme Court, in a sweeping rejection of claims of power in the presidency, ruled 6-3 on Tuesday that the President does not have the authority to order states to relax their criminal procedures to obey a ruling of the World Court. The decision came in the case of Medellin v. Texas (06-984). Neither a World Court requiring U.S. states to provide new review of criminal cases involving foreign nationals, nor a memo by President Bush seeking to enforce the World Court ruling, preempts state law restrictions on challenges to convictions, the Court said in a ruling written by Chief Justice John G...continue to full post

Full post as published by Sentencing Law and Policy on March 25, 2008 (boomark / email).

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