Tuesday, March 25, 2008 - Posts
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Reading over Chief Justice Roberts' Medellin opinion, it reminds me a lot of Justice Stevens' majority opinion in Hamdan v. Rumsfeld in 2006. Recall that in Hamdan , the court blocked the Bush administration's effort to create military commissions unilaterally Read More...
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Can God create a boulder he cannot lift? That's the type of political question raised by the decision in Medellin: namely whether the Bush administration can create a court more resistant to enforcement of international law than the administration itself. Read More...
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Phil , the Supremes have time-honored words ready-made to make your Munaf point. Here's the theme, from the court's 1949 opinion in Watts (p. 52), quoted verbatim in the 2004 Padilla dissent (p. 11 n.10): And there comes a point where this Court should Read More...
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Today, the Supreme Court handed down an opinion of great importance for understanding America's obligations under international law. The United States is a party to the Vienna Convention on Consular Relations, which requires states to allow foreign nationals Read More...
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Like Marty , Diane , and Deborah , I, too, am excited about today's oral argument in Munaf and Omar . Not just because I think this case raises thorny issues, but also because this case deals with a subject I have some personal experience with. I served Read More...
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