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	<title>Comments on: Notable SG Amicus Brief in Medellin v. Drekte</title>
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		<title>By: Galia Garcia-Palafox</title>
		<link>http://www.scotusblog.com/wp/notable-sg-amicus-brief-in-medellin-v-drekte/comment-page-1/#comment-6221</link>
		<dc:creator>Galia Garcia-Palafox</dc:creator>
		<pubDate>Wed, 02 Mar 2005 23:35:40 +0000</pubDate>
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		<description>Assuming the Supreme Courts vacates or dismisses the case, what would happen next? Would state courts agree on the executive order and revise the convictions without questioning ICJ&#039;s judgement? Or would they reject it considering an intervention of federal power over the state judicial systems?
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		<content:encoded><![CDATA[<p>Assuming the Supreme Courts vacates or dismisses the case, what would happen next? Would state courts agree on the executive order and revise the convictions without questioning ICJ&#8217;s judgement? Or would they reject it considering an intervention of federal power over the state judicial systems?</p>
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		<title>By: Paul Stephan</title>
		<link>http://www.scotusblog.com/wp/notable-sg-amicus-brief-in-medellin-v-drekte/comment-page-1/#comment-6220</link>
		<dc:creator>Paul Stephan</dc:creator>
		<pubDate>Tue, 01 Mar 2005 13:35:48 +0000</pubDate>
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		<description>Having written the &quot;law professors&quot; brief for seven (not six) academics, I must express some amazement that the brief &quot;more or less concedes&quot; that a statutory delegation would eliminate the constitutional issues presented. I would welcome some explanation as to where that concession was expressed. I don&#039;t recall making any such concession, and did not intend to do so.

[MARTY RESPONDS:  Sorry about the mistaken amici nose-count -- page 2a got lost when I first read the brief, and I missed Prof. Woolhandler!  As for what I called your apparent &quot;concession&quot;:  I don&#039;t really think of it as a question of &quot;delegation&quot; at all, for whatever that&#039;s worth.  It&#039;s a rule of decision for U.S. courts to apply (e.g., &quot;Whatever the &#039;better&#039; view of the Vienna Convention might be, the U.S. has separately agreed to be bound by the decisions of the ICJ, which should be implemented by U.S. courts.&quot;), or an &quot;assimilation&quot; of ICJ law into U.S. law, just as state law (Sharpnack) or international &quot;common&quot; or &quot;customary&quot; international law (e.g., Smith, 18 U.S. at 160-62 (piracy); Yamashita; Sosa) is assimilated into federal law and must be ascertained by federal courts.  But be that as it may, even if called a &quot;delegation,&quot; it shouldn&#039;t be very problematic if effected by statute, right? (Cf. Currin; Rock Royal.)  Accordingly, I read pages 15-18 of your brief as an attempt to convince the Court that the statutes and regulations discussed there were distinguishable from a treaty in a way that made a constitutional difference, i.e., that the Constitution requires (for some reason I still can&#039;t quite fathom) &quot;some additional act of the political branches&quot; (p.15) before the &quot;delegation&quot; or &quot;assimilation&quot; can be valid.  If, instead, you meant to suggest that all of the statutes and regs cited on those pages are also constitutionally problematic -- or if I&#039;m missing something important in the argument altogether (always a possibility!) -- I apologize, and welcome the correction.
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		<content:encoded><![CDATA[<p>Having written the &#8220;law professors&#8221; brief for seven (not six) academics, I must express some amazement that the brief &#8220;more or less concedes&#8221; that a statutory delegation would eliminate the constitutional issues presented. I would welcome some explanation as to where that concession was expressed. I don&#8217;t recall making any such concession, and did not intend to do so.</p>
<p>[MARTY RESPONDS:  Sorry about the mistaken amici nose-count &#8212; page 2a got lost when I first read the brief, and I missed Prof. Woolhandler!  As for what I called your apparent &#8220;concession&#8221;:  I don&#8217;t really think of it as a question of &#8220;delegation&#8221; at all, for whatever that&#8217;s worth.  It&#8217;s a rule of decision for U.S. courts to apply (e.g., &#8220;Whatever the &#8216;better&#8217; view of the Vienna Convention might be, the U.S. has separately agreed to be bound by the decisions of the ICJ, which should be implemented by U.S. courts.&#8221;), or an &#8220;assimilation&#8221; of ICJ law into U.S. law, just as state law (Sharpnack) or international &#8220;common&#8221; or &#8220;customary&#8221; international law (e.g., Smith, 18 U.S. at 160-62 (piracy); Yamashita; Sosa) is assimilated into federal law and must be ascertained by federal courts.  But be that as it may, even if called a &#8220;delegation,&#8221; it shouldn&#8217;t be very problematic if effected by statute, right? (Cf. Currin; Rock Royal.)  Accordingly, I read pages 15-18 of your brief as an attempt to convince the Court that the statutes and regulations discussed there were distinguishable from a treaty in a way that made a constitutional difference, i.e., that the Constitution requires (for some reason I still can&#8217;t quite fathom) &#8220;some additional act of the political branches&#8221; (p.15) before the &#8220;delegation&#8221; or &#8220;assimilation&#8221; can be valid.  If, instead, you meant to suggest that all of the statutes and regs cited on those pages are also constitutionally problematic &#8212; or if I&#8217;m missing something important in the argument altogether (always a possibility!) &#8212; I apologize, and welcome the correction.</p>
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		<title>By: Roger Friedman</title>
		<link>http://www.scotusblog.com/wp/notable-sg-amicus-brief-in-medellin-v-drekte/comment-page-1/#comment-6219</link>
		<dc:creator>Roger Friedman</dc:creator>
		<pubDate>Tue, 01 Mar 2005 13:12:24 +0000</pubDate>
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		<description>So these new state court actions would be brought directly under the UN charter?  US ex rel Medellin v. Texas?
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		<content:encoded><![CDATA[<p>So these new state court actions would be brought directly under the UN charter?  US ex rel Medellin v. Texas?</p>
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