Asking the wrong questions. Again.

SCOTUSblog reports on in the case of Medellin v. Texas (06-984) and arguments before the U.S. Supreme Court over whether the president has the power to dictate the outcome of state judicial proceedings based on U.S. treaty obligations. The Fifth Circuit and the Texas Court of Criminal Appeals (the highest state court in Texas for criminal cases) both ruled that the President does not have authority to direct state courts to follow a ruling by the International Court of Justice. Lyle Dennison of SCOTUSblog writes: "In an amicus filing in the case of Medellin v. Texas (06-984), the government called for reversal of a Texas state court ruling that Bush did not have the power to ensure that state courts complied with the international tribunal's [World Court's] decision on the rights of foreign nationals arrested and prosecuted within the U.S. for crimes here."

The Administration is arguing that "the Texas ruling will undermine the President's authority to determine 'how the United States will comply with its treaty obligations.'" Their theory is that the treaty power trumps any federalism concerns.

My concern is that the Administration is, once again, building a strawman argument. Of course treaty obligations trump issues of federalism. But this is not the point that should be argued before the Supreme Court. The true question is whether the executive branch can dictate to the judicial branch. If someone asked if the president could tell the U.S. Supreme Court how to decide one of its cases, the questioner would be laughed out of the room. It sounds absurd because it is.

The judicial branch is an independent branch of government, separate from the executive power. The fact that in this case the judicial branch is that of an independent state only adds to the reasons why the Administration's arguments here are patently ridiculous.