Medellin v. Texas — Breyer, J., dissenting

Summary

Justice Breyer, joined by Justice Souter and Justice Ginsburg, dissents. He argues the ICJ's Avena judgment is enforceable domestic law under the Supremacy Clause without further congressional action because the relevant treaties are self-executing. He contends the majority's requirement for explicit textual clarity on self-execution contradicts precedent. Justice Stevens concurred in the judgment, agreeing the treaties lack explicit self-executing language for ICJ judgments.