Bush "Orders" State Courts

[Matthew J. Franck]

I thank all and sundry for cluing me in on this matter.  I thank Douglas 
Laycock in particular, as I am inclined to his interpretation below, but my 
reaction is relief, not cynicism.  Now I can sleep soundly.

Matt
***************************
Matthew J. Franck
Professor and Chairman
Department of Political Science
Radford University
P.O. Box 6945
Radford, VA 24142-6945
phone 540-831-5854
fax 540-831-6075
e-mail mfranck at radford.edu
www.radford.edu/~mfranck
***************************
At 12:13 PM 3/9/2005, you wrote:
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>The US brief says that the President's "determin[ation]" is binding under 
>the Supremacy Clause and overrides contrary state procedural rules.  But 
>the determination says none of that.  It orders nothing; there is no 
>language of command.  If it were a judgment, no one could be held in contempt.
>
>I don't know whether to be cynical or optimistic.  The cynical reading is 
>that the President has "determined" that state courts are responsible for 
>compliance, for the purpose of cutting off all remedies outside state 
>courts, and that the President has no intention of doing anything if state 
>courts ignore his determination, or if state courts conclude that the US 
>brief is also right that the Avena decision creates no enforceable rights, 
>or if state courts routinely find that failure to notify the consulate was 
>harmless error.
>Douglas Laycock
>University of Texas Law School
>727 E. Dean Keeton St.
>Austin, TX  78705
>512-232-1341
>512-471-6988 (fax)
>
>
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