There are many mixed-up would be lawyers out here today. The U.S. Constitution is the Supreme Law of the land, however, this is not a Constitutional issue.
The dispute here arises from state law, and does not implicate Federal law. That, I assume, is why the Judge ruled that Congressional subpoenas were worthless.
Now -- if Congress passes a law that would grant to all the presumption of extraordinary measures in the absense of a specific medical directive, then we would have a Federal law and Federal issue.
To my knowledge, there is no Federal issue hear -- and therefor ethe Feds are without Jurisdiction.
Congress is hosed, because it would need to pass a bill, get the Senate to pass it, and get the President to sign it to make this a Federal issue. That is not going to happen.
Best and only bet here is similar bill by Florida Legislature. But I assume that ship has sailed too.
But I assume that ship has sailed too.
thank you for the CALM, RATIONAL post on the matter.
you seem to be genuinely informed, and this site needs more folks like you.
And you are one of them. Once congress issued the subpoena in Terri Schiavo's name, (which I believe they did unconstitutionally, btw) this became a federal issue. She is required to appear before congress on March 28, 2005. Anyone who interferes with this (ie by removing the feeding tube) is in contempt of Congress. Greer has rules from the bench that he is ignoring a congressional subpoena. He has no power to do this, and I am a big state's rights person. If the tube is pulled, I would issue an arrest warrant for Greer and for anyone at hospital who physically removed the tube.
At some point one of these sides needs to respect the rule of law.
The federal issue is can a state judge issue an order which will lead to the death of a witness who is subpoenaed by congress.
There now is a Federal issue - Greer is wrong to go ahead here and has placed everyone concerned in jeopardy of being charged with murdering a witness - and the administrators of that facility with bankrupcy.
First Amendment: Right to life, liberty and the pursuit of happiness.
You don't recognize the right to life as a Constitutional issue.