Rights of Foreigners on Death Row Examined by Supreme Court

The Supreme Court is considering whether Texas and other states can execute 51 Mexicans who say they were improperly denied legal help from their consulates, a dispute testing the effect of international law in U.S. death penalty cases. Justices were scheduled to hear arguments Monday in the case of Jose Medellin, who says he is entitled to a federal court hearing on whether his rights were violated when a Texas court tried and sentenced him to death in 1994 without giving him consular access. The case, which has attracted worldwide attention, is seen as a test of how much weight the Supreme Court will give in domestic death penalty cases to the International Court of Justice, or ICJ, in The Hague, which ruled last year that the 51 convictions violated the 1963 Vienna Convention. It comes amid a growing divide on the Supreme Court over the role of international opinion to support decisions interpreting the U.S. Constitution. Last month, justices ruled 5-4 to outlaw the death penalty for juvenile criminals, citing in part the weight of international views against the practice. In 1969, the Senate ratified the Vienna Convention, which requires consular access for Americans detained abroad and foreigners arrested in the United States. The Constitution states that U.S. treaties "shall be the supreme law of the land," but does not make clear who interprets them. The case also pits the authority of state courts against the Bush administration, which in a surprise move last month ordered states to comply with the ICJ ruling and hold new hearings. At the same time, the administration said it was withdrawing from a section of the treaty so that the ICJ could no longer hear U.S. disputes. [more]