Schiavo lawyers challenge 'Terri's Law'

AP | 10/29/03

[aristeides]

The law in Calder v. Bull was, I believe, at least as narrow as Terri's Law. It was different in that it did not command a result, only ordered a new trial. Given the language you cite from Calder v. Bull, it is possible that federal courts would not uphold Terri's Law because of that (possible, but not certain -- the quoted language doesn't commit itself on what would be done in that situation.)

Of course, if the courts did strike down Terri's Law on that basis, the Florida legislature would still then be free, under Calder v. Bull, to order a new trial under a new legal regime established prospectively by statute.

[UCANSEE2]

The sworn testimony only came recently, as the people who gave statements said they tried to do so before, but had been intimidated by Michael, and could not get a prosecutor to listen to them. The Prosecutor is just now deciding to see if he can go forward with the case.

[george wythe]

Astute observations.

It will be interesting to see what the courts decide in the next few months, and how the legislature will react.