Supreme Court of the United States

Medellin v. Dretke

May 23, 2005544 U.S. 660

Summary

Justice Ginsburg concurred in the dismissal of the writ as improvidently granted, joining the per curiam opinion which found the case freighted with threshold issues and potentially moot by state proceedings following the President's Memorandum. Justice O'Connor dissented, arguing the Court should vacate the denial of a certificate of appealability and remand to resolve debatable issues regarding the binding effect of ICJ judgments and Vienna Convention rights. Justices Souter and Breyer also dissented, suggesting a stay or remand rather than dismissal.