Comments on: New claim of presidential power http://www.scotusblog.com/wp/new-claim-of-presidential-power/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: Kent Scheidegger http://www.scotusblog.com/wp/new-claim-of-presidential-power/comment-page-1/#comment-11042 Kent Scheidegger Tue, 27 Mar 2007 20:25:35 +0000 http://www.scotusblog.com/wp/uncategorized/new-claim-of-presidential-power/#comment-11042 "In the lower court ruling at issue, the Fifth Circuit Court decided...." I believe you mean the Texas Court of Criminal Appeals. "But, after argument, the Court dismissed the case as 'improvidently granted,' because Medellin had then recently filed a state court challenge to his conviction based on a violation of the Convention." There is considerably more to it than that. The Court noted multiple obstacles to using federal habeas as the mechanism for complying with Avena. Medellin's counsel realized it was going that way, which is why they filed the state petition. “In the lower court ruling at issue, the Fifth Circuit Court decided….”

I believe you mean the Texas Court of Criminal Appeals.

“But, after argument, the Court dismissed the case as ‘improvidently granted,’ because Medellin had then recently filed a state court challenge to his conviction based on a violation of the Convention.”

There is considerably more to it than that. The Court noted multiple obstacles to using federal habeas as the mechanism for complying with Avena. Medellin’s counsel realized it was going that way, which is why they filed the state petition.

]]> By: Jacques McKenzie http://www.scotusblog.com/wp/new-claim-of-presidential-power/comment-page-1/#comment-11041 Jacques McKenzie Tue, 27 Mar 2007 19:52:27 +0000 http://www.scotusblog.com/wp/uncategorized/new-claim-of-presidential-power/#comment-11041 The title is misleading. As the brief makes clear, there is no claim of a new presidential power. This is basic presidential power augmented by a treaty structure that vests him with the discretion as to how to enforce it. The title is misleading. As the brief makes clear, there is no claim of a new presidential power. This is basic presidential power augmented by a treaty structure that vests him with the discretion as to how to enforce it.

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