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Supreme Court to override United Nations on 'New Jersey Zombie' video
ZWN Field reporter Jack Duffy.

Posted: March, 2007 Bookmark and Share

Washington, DC (ZWN)
The controversy over banning the sale of an online documentary of the life, death, and subsequent re killing of Bernard Hill, the only confirmed case of Necro-Mortosis in the United States, hit the High Court today
.

The Supreme Court, in a surprise decision, ruled in favor of Joanne Hill, widow of Bernard Hil,. on grounds the UN Code "violated her First Amendment right to Freedom of Speech." In the majority opinion, Chief Justice Richards said, "The Government failed to present the Court with any compelling evidence that the curtailing of Mrs. Hill's right to sell the images of her husband's death would significantly benefit the public… Additionally, the Government failed to produce convincing evidence showing where the display of images of the killing of the Undead has led to any definitively proven instances of domestic disorder or encouraged lack of respect for victims of the Necro-mortosis virus within the United States or any international venue… It is without precedence in the history of this Court to restrict the personal freedoms Citizens based on theory and conjecture."

In a dissenting opinion, Justice Curtis stated, "The intentions of the United Nations charter was, among other things, to retain respect for the Undead. The Court's decision
opens the door to the exploitation of the victims of the virus, and significant domestic panic… and places the United States in abrogation of its commitments under the United Nations Charter."

Pandora's Box:
The decision opens a Pandora's box of other issues, not the least of which is the Supreme Court's authority to override a decision of the United Nations.

Justice James Skillings addressed this issue in his concurrent opinion, "Article III, Section II of the Constitution delineates the powers of this Court to oversee the Constitutionality of any treaty or international agreement entered into by the United States. By definition, international treaties ratified by the Senate are the Law of the Land. However, Missouri v Holland (1920) sets the precedent that the treaty-implementing power of the Executive Branch could not be used as an excuse for regulating activities that are not 'a proper subject of regulation.' No international treaty or charter has the authority of override, or amend the Constitution as defined by this Court. And, any treaty judged by this Court to be outside the Constitution can be ruled invalid within the United States."

Critics charge this is another attempt by the United States to exempt itself from international law. Luke Charring of the Center for International Cooperation said, "The United States is yet once again saying there are two sets of rules, one for the United States, and another for the rest of the world. This is the most irresponsible decision I have ever seen from any court. The Justices systematically ignored every argument in favor of the Code without even considering that it is a desperately needed tool in fighting a global epidemic. The United Nations acted because no country had the will to act. Now, its efforts have been destroyed by a short-sighted Court more concerned with semantics than the survival of millions of people."


ZWN news report - Scene from the video
"The intentions of the United Nations charter was, among other things, to retain respect for the Undead. The Court's decision opens the door to the exploitation of the victims of the virus"

All or nothing:
Further complicating the issue is the fact that the decision could effectively invalidate all domestic legislation regulating the containment of the Necro-Mortosis virus in the United States.

"Until the UN Code, the United States' efforts in fighting the virus where based loosely on the Patriot Act, and National Security Act of 1976. When the General Assembly passed the Code, President Bush implemented it as a whole with one Executive Order, as is done with
the implementation of most international treaties," said Brad Hagan of The Congressional Policy Group. "Since then, almost all Congressional legislation has been based on supporting this one order or the Code. However, the Supreme Court does not have the authority to rule one aspect of a law unconstitutional. It is all or nothing. So, when the
Court said one part of the Code was unconstitutional, by default, the entire Code is ruled unconstitutional."

"This includes everything; regulations of acceptable methods of containing the Undead, proper identification procedures, the sale of trophy parts, proper disposal of corpses… Literally, almost everything has been thrown out the window. The Congress and President
will now be very hard pressed to try to reenact those aspects of the Code not ruled unconstitutional in a timely manner. If there is an outbreak tomorrow in the United States, the legal hurdles created by this decision will make its suppression much more difficult."


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