An argument that has been ignored at the peril of every American citizen traveling abroad, and at the reputation (such as it is) of the US in making, recognizing and abiding by international treaties.
And for what? To perform an act of needless human butchery.
Justice Stephen G. Breyer, in a dissent joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, wrote that the government’s request was modest, given that allowing the execution to proceed would, in the solicitor general’s words, “cause irreparable harm” to “foreign-policy interests of the highest order” and endanger Americans traveling abroad.
The court should defer to the executive branch’s assessment, Justice Breyer wrote, as “the Court has long recognized the president’s special constitutionally based authority in matters of foreign relations.”
He proposed issuing “a brief stay until the end of September” to allow Congress time to act.
“In reaching its contrary conclusion,” Justice Breyer wrote, “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. In my view, the Court is wrong in each respect.”
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