Ex Parte Medellin

COCHRAN,

J.,concurring, in which JOHNSON, and HOLCOMB, JJ., joined.

I join all of the Court’s opinion except for Section IIIB dealing with the Presidential Memorandum. I am unable to conclude that a memorandum from the President to his Attorney General constitutes the enactment of federal law that is binding on all state courts. This memorandum, discussing compliance with the decision of the International Court of Justice in Avena, looks much more like a memo than a law. The Solicitor General, in his amicus brief, has attached a copy of the President’s memo, entitled “Memorandum for the…