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Medellin v. Texas: Supreme Court Holds ICJ Decisions under the Consular Convention Not Binding Federal Law, Rejects Presidential Enforcement of ICJ Judgments over State Proceedings
On March 25, 2008, the U.S. Supreme Court decided , a case in which a Mexican national on death row in Texas challenged his conviction on the basis that he was not afforded his rights of consular notification under the Vienna Convention on Consular Relations. In a 6-3 decision, the Court held that the 2004 decision of the International Court of Justice in requiring the United States to provide further ?review and reconsideration? of the convictions of Medellin and 51 other Mexican nationals on death row in the U.S. was not binding federal law that was enforceable by federal courts against Texas. The Court further rejected the claim that a 2005 memorandum issued by President Bush, stating the president?s intention to enforce Avena, created binding law on Texas.