Supreme Court of the United States

Medellin v. Dretke

May 23, 2005544 U.S. 660

Summary

Justice O'Connor dissents from the Court's dismissal of the writ as improvidently granted. She would vacate the denial of a certificate of appealability to address whether the International Court of Justice's Avena judgment is binding on U.S. courts and whether the Vienna Convention creates enforceable individual rights overriding procedural default. Justice Souter, Justice Breyer, and Justice Ginsburg also filed separate opinions addressing the procedural posture and the effects of the President's memorandum.