Tuesday, October 14, 2008

US Supreme Court Denies Hearing for Seton Hall Law Petition in Vienna Convention Case, Mora v. New York

The U.S. Supreme Court today declined to hear a Seton Hall Law appeal, filed along with attorneys from O’Melveny & Myers LLP, including the former Solicitor General and Assistant Attorney General of the United States, Walter Dellinger, along with former members of the Solicitor General’s Office, Sri Srinivasan and Irv Gornstein. The case, Mora v. New York, deals with whether Article 36 of the Vienna Convention on Consular Relations, which requires law enforcement officials to inform foreign nationals of their right to have their consulate notified of their detention, creates an individual right enforceable in courts. In previous cases dealing with the issue, the Supreme Court has “assumed, but not decided” that the private right exists. The Court would have had to face the issue squarely in this case, but declined to do so. The U.S. Circuit Courts are divided on the question and the Seton Hall Law petition argued in favor of the individual right. Professor Jon Romberg, who heads the Impact Litigation Clinic of Seton Hall Law’s Center for Social Justice, also litigated the issue in the Second Circuit along with Seton Hall Law students Michael Dover, Jae Lee, and Irena Nikolic. Said Romberg, “This provided a tremendous opportunity for Seton Hall Law students to be deeply involved in a fascinating case before the Supreme Court. The case raised important issues of international law, and of U.S. responsibility to fulfill our treaty obligations that will remain unresolved for now.”



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