Is the Treaty Supremacy Rule Really Dead?
In MedellÃn v. Texas, the U.S. Supreme Court held that a non-self-executing treaty does not supersede conflicting state law, or perhaps that courts cannot enforce non-self-executing treaties to override conflicting state laws. After MedellÃn, one would have expected state courts in treaty supremacy cases to begin their analyses by determining whether a treaty is self-executing….
Continue Reading