Thursday, August 04, 2011

First Circuit -- Igartua v. US

Igartua v. US

En banc rehearing denied.

ICCPR is not self-executing, and therefore does not bind US Courts.

Concurrence: After MedellĂ­n and Abbott, we cannot ignore the consistent and strongly held views of the Executive and the Senate that the ICCPR is not self-executing.

Dissent (though not called a dissent in the opionion) - Significant constitutional issues raised, quotes from Koz & Easterbrook on threshold of risk to liberties for en banc, Medellin didn't examine the issue closely enough; 


Dissent  - Constitutional and treaty questions justify en banc hearing.

Dissent - Enfranchisement of millions warrants hearing.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.