Supreme Court refuses stay of Texas execution

Humberto Leal is seen in this undated handout photo provided by the Texas Department of Criminal Justice.

/ AP Photo/Texas Department of Criminal Justice

By a 5-4 vote along ideological lines, the Supreme Court has just refused to stay the execution of convicted killer Humberto Leal Garcia, a Mexican convicted of the rape and murder of a 16-year-old girl in 1994. The Obama Administration, citing concerns over U.S. interests and treaty obligations, had asked the court to delay the execution, scheduled for 7 p.m. Eastern Time tonight.

Justice Stephen Breyer dissented from the Court's unsigned opinion. He was joined by the Court's three other liberal justices.

"The Court ignores the appeal of the President in a matter related to foreign affairs, it substitutes its own views about the likelihood of congressional action for the views of Executive Branch officials who have consulted with Members of Congress, and it denies the request by four Members of the Court to delay the execution until the Court can discuss the matter at Conference in September, "Breyer wrote. "In my view, the Court is wrong in each respect."

Leal argued he was wrongly convicted because he wasn't told of his right to contact the Mexican consulate, as provided under an international treaty.

Lawyers for the administration urged the justices to delay the execution, arguing it would cause "irreparable harm" to U.S. interests and citizens traveling abroad.

The execution "would have serious repercussions for United States foreign relations, law enforcement and other cooperation with Mexico, and the ability of American citizens traveling abroad to have the benefits of consular assistance in the event of detention," the government wrote in court papers.

Impending Humberto Leal execution draws in Rick Perry, Obama

[ARoyalPayne]

Unlike some Harvard graduates, Texas understands the law and their constitutional responsibities to their citizens.

But it is a mute point, Humberto et. al.

[Ericwvb]

We used to be a nation of laws, now we just conveniently ignore the ones we don't like. Candidate Obama said he wasn't going to continue that practice but President Obama has decided that it's ok to do so. The Supreme Court goes along with this as well; who cares about treaties and the actual Constitution.

This is not defending this person who is human slime. But we need to follow laws when prosecuting criminals.

[agnesdeo]

I only wish, I could have been the prison chaplain for this person, so that I could say to him: "May God have mercy on your soul!"

[Bojax39]

Especially since nobody else will, and rightly so.....

[agnesdeo]

Lawyers for the administration urged the justices to delay the execution, arguing it would cause "irreparable harm" to U.S. interests and citizens traveling abroad.

We are talking "blackmail" here! Not respect for the laws of the land...nor for the sanctity of human life that was willfully and shamefully taken!

[AttyFAM]

But if Iran or Pakistan is about to execute an American citizen, our protests are not blackmail?

[wdh3007]

Why would a U.S president ever get involved in trying to halt the death of an illegal alien convicted killer and rapist on death row. Congrats to Gov Rick Perry of Texas in doing the right thing but one has to wonder had this suspect raped and killed one of the presidents own daughters would Obama have felt different in trying to keep this piece of trash alive.

[AttyFAM]

If you bothered to read the article, the man was not given his rights under an international treaty. And, assuming you have read the U.S. Constitution, you would know that under Atricle VI, international treaties are part of the law of the land.

[T-Prop]

Hey Patriots - No Whining when one of our GI's is tried and - perhaps executed - for a supposed war crime, or the rape/slaying of an Okinawan national - as has happened on more than one occasion. What goes around, comes around to park itself on your front porch. Ha Ha Ha.

[agnesdeo]

Are you talking about international balackmail here?

[PR_in_Alabama]

A state that has some balls!! he deserved it....

[Deniknows]

This 'person' was brought into the US when he was about 2 years old, has lived here all his life and now cries for help from Mexico......

too bad..

[SirWilk44]

I can not believe there are liberals that are willing to defend this piece of garbage. His lawyers had 16 years to bring up this bogus issue.

Regardless of consulting with the Mexican consulate, he brutally killed an innocent little girl. Her parents never got to see her go to the prom, graduate high school, go to college, get married, have children, etc...He is in hell now where he belongs.

[discussthis]

Justice Stephen Breyer dissented from the Court's unsigned opinion. He was joined by the Court's three other liberal justices.


"The Court ignores the appeal of the President in a matter related to foreign affairs, it substitutes its own views..." Breyer wrote.

I guess this liberal SOB of a justice does not understand the concept of separation of powers. It is the duty of the Supreme Court to ignore the Executive and Legislative branches' wishes in order to enforce the Constitution.
And apparently the so-called "Constitutional Professor" 0bummer forgets the wisdom of separation of powers as well; the idea was to limit the power of any one branch of government, which 0bummer would (and has) just love to ignore in his grabs for power.