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Originally posted by RANT
But anyone emotionally involved in this case (not related to
Mrs. Schiavo) is being played for a fool.
Originally posted by FlyersFan
Originally posted by RANT
But anyone emotionally involved in this case (not related to
Mrs. Schiavo) is being played for a fool.
RANT. YOU told me that the heart and soul of the left is to take
care of people ... from breathe to death.
"It will be very interesting, because I just can't think of another case that's like this," said Nathaniel Persily, a University of Pennsylvania law professor. "I mean, our guts tell us it's wrong for Congress to try to legislate the result of a particular case, and in general, courts frown on retroactivity and laws that are aimed at selecting out a particular person. But I can't tell you what context a court would use to decide this particular issue, because it's so unusual."
Douglas Laycock, a University of Texas law professor, said there wasn't much ambiguity to the issue.
"Congress is saying no matter how final a matter is, no matter how settled it is in state court, we can tell you to go back and redo it in federal court," he said. "Congress gets to write statutes. It doesn't decide cases, and that's what they seem to be doing here."
The law Congress is set to pass says that the parents of Terri Schiavo, who has been in a vegetative state for 15 years, can go to a federal court to argue that removing her feeding tubes violates her rights under the U.S. Constitution or under federal law.
Congress says the federal court can't consider the many state court judgments that concluded that her husband, as legal guardian, had a right to have her feeding tubes removed. And it can't consider the fact that the Florida Supreme Court has reviewed those state court decisions and concluded that they passed legal muster.
The goal of the legislation is to get Schiavo's parents a full hearing in federal court, and the new law also commands the federal court to provide "injunctive relief" from the state court decisions, which would presumably have Schiavo's feeding tubes re-connected while the federal court proceedings unfold, which could take a year or more.
The legislation raises several questions about Congress' authority, experts say. One is whether it is treading on ground that is reserved exclusively for the judiciary in the Constitution; another is whether it is simply beyond the scope of Congress' own enumerated powers in the Constitution.
There are also questions about whether Congress is improperly blurring the lines between federal and state authority, and whether it is changing a law and applying it retroactively to a case that's already settled.
Originally posted by Bleys
What an awful precedent this sends - let's hope the federal courts strike it down quickly, otherwise the interference by the Feds is just getting started.
Originally posted by marg6043
Thanks bleys for that quote, and believe or not that is what all alone the hidden agenda was, many think that a great deed has been done, but the reality can not be so far away.
Some groups are playing with our constitutional rights and now our own president is allowing this to happen.
Psalm 115:16-18
The highest heavens belong to the LORD ,
but the earth he has given to man.
It is not the dead who praise the LORD ,
those who go down to silence;
it is we who extol the LORD ,
both now and forevermore.
Praise the LORD.
Originally posted by mj13
Why in the H*** is Congress jacking around with one person's life instead of solving bigger problems, like Iraq? Iran? The rest of the world, which can't stand us? This isn't even a national issue. It's a private issue that's been made into something national. And it's sickening.
Originally posted by Jehosephat
for all those religious people (which I am) there is a certain point that you have to realize that it is just an imitation of life.
at this point in our knowledge of medical science, if Terry dies, I think God would be more then forgiving in those that caused or allowed her to starve.
Originally posted by infinite
Either way you look at the outcome of this situation it has unfortunate events. It is such a terrible thing for either side to go through. Both sides are fighting for what they really feel within them.
Originally posted by marg6043
Does anybody think they will go for it? and take over the poor women's body? and step all over the Americans rights and undermine the court system in our country?