Opinion of the Court
A presidential memorandum cannot require a State court to consider international law when deciding whether to hear an appeal of a capital defendant.
Medellín v. Texas — This casewas granted certiorari on April 30, 2007, and was affirmed on March 25, 2008.In a 6-to-3 decision, the Court held that a presidential memorandum cannotrequire a State court to consider international law when deciding whether tohear an appeal of a capital defendant. Featured in The President’s Treaty Power, Sup.Ct. Debates (Nov. 2007). The following is excerpted from thesummary of the majority opinion written by Chief Justice Roberts, as preparedby the Court Reporter of Decisions: Neither Case Concerning Avena and Other MexicanNationals (ICJ 2004) nor the President’s Memorandum constitutes directlyenforceable Federal law that preempts State…
