09 Mar Back to Texas: Medellin Moves to Stay Supreme Court Proceedings
Medellin’s attorneys have filed a motion to stay further proceedings in the Supreme Court on the domestic effect of the ICJ’s judgment in Avena “while Petitioner pursues his remedies in Texas court, as contemplated by the President’s determination of February 28, 2005, implementing the judgment in [Avena] and the position taken by the United States in this Court.” (Thanks to Roger Alford for the heads up).
Following my suggestion last week (OK, they decided on their own, but let me try to take credit for their choice anyway) Medellin’s lawyers are declaring victory and quitting the field. This is smart, not only because they will likely get the hearing in Texas court that they want, but they probably would have lost in their attempt to have the Supreme Court enforce this judgment (due to the Court’s lack of appellate jurisdiction and for various other reasons I discuss here). I predict the Court will grant this motion, with the only question being whether the motion is stayed or actually dismissed.