In Garcia v Texas, 564 U.S. ____ (2011), the United States Supreme Court determined that a stay of execution was not warranted because neither the ICJ decision nor the President’s Memorandum purporting to implement that decision constituted directly enforceable federal law. Additionally, the Due Process Clause did not prohibit Texas from carrying out a lawful judgment and executing the Mexican national simply because currently nonexistent legislation might someday authorize a collateral attack on the Texas judgment. Seven years had passed since the ICJ ruling and three years since the Supreme Court’s previous decision, therefore, a stay of execution based on the last-minute introduction of a bill in a single house of Congress was not justified. Finally, United States refused to argue that the Mexican national was prejudiced by the Vienna Convention violation.
The Supreme Court ruled that the Court had no authority to stay Garcia’s death execution simply because the President issued a memorandum filled with free-ranging assertions of foreign policy consequences and lacking any persuasive legal claims whatsoever. Garcia was executed on July 7, 2011 by lethal injection. The Supremes made it clear to Obama, you don’t mess with Texas.
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