No Decision in Hamden Today
Scotus Blog reports the Supreme Court did not issue a decison in the Hamdan case today. But, it issued two decisions unfavorable to criminal defendants.
In a ruling written by Chief Justice John G. Roberts, Jr., the Court concluded that states may bar foreign nationals from raising the issue of their treaty rights to talk with a consular officer , if they did not raise that issue at trial. The Court majority said that the outcome was dictated by the Court's 1998 summary decision in Breard v. Greene. The Court did not resolve the issue of whether individuals could sue to enforce the consular rights treaty, the Vienna
Convention.In a 5-3 ruling, the Court decided that prison officials may deny newspapers, magazines and photographs to their most dangerous inmates. The plurality opinion by Justice Stephen G. Breyer upheld such a ban. Justice Samuel A. Alito, Jr., took no part. He had dissented when the Third Circuit struck down the ban.
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