My question is: what is actually going to come of this though? What are they going to do (in time) that will re-insert the tube ? I'm not trying to be a pain here, I just want to know if this will have any direct effect... we thought the subpoenas would work because you can't tamper with a federal witness... why should anything else work if greer is just going to ignore it, and Jeb won't use actual force?
They stated she could live as long as two weeks with the tube...
I'm not sure that he's legally able to do that at this time. Perhaps federal force might be used if congress passes a strong bill.
Any law passed directly naming Terri Schiavo will have a bill of attainder problem. As ridiculous as this is going to sound, a judge has made a finding of fact that Terri wants to die, any legislation directed at keeping her alive would be inf act "punishing" her without a trial.
The devil will be in the details. But short of finding Greer in contempt of congress, and his being removed from the bench, I can't see this feeding tube being re-inserted.
we thought the subpoenas would work because you can't tamper with a federal witness... why should anything else work if greer is just going to ignore it, and Jeb won't use actual force? Cool your jets. People are trying to do this in a way that doesn't set precedents that might come back to bite us. Greer does not seem to be on that team; he decided to precipitate a showdown with the federal government. We already know that the federal government wins these things. But Jeb is not a federal officer. For him to use force here starts something that we probably don't want to get into... executive branch officers ignoring court rulings and using "force" to impose their wills. We don't want that in America. Yes, the woman is hungry at the moment, but she isn't going to die today. There is still time to do this in a way that doesn't poke holes in our common understanding of who's in charge. The feds put lawyers on the plane to Florida yesterday. Today some time, they will get a federal judge to issue an order putting the tube back in until the Senate's subpoena has been satisfied, i.e. until March 25. The federal court order will trump Greer's court order, and federal marshals can go in to enforce the federal order, if necessary. Between now and March 25, the Congress will agree on some law that gives people in Terri's condition (no written living will, etc.) access to the federal courts. Bush will sign it. That starts the whole struggle over again, but this time in the federal courts. That will take years. |
Perhaps the order of Congress needs to go to the actual, hands on killer. It might come down to which consequences that pit of an institution fears the most...those of a pathetic little god wannabe in a black robe, or those of the entire US Congress (with a few predictable exceptions), fully supported by the president.
It will be law. The Senate adjourns at 5:00 (today or tomorrow?) and an extraordinary session will be convened after the adjournment to pass the legislation.
We have at least until Thursday likely, but it needs to be done ASAP to avoid having to rush her to the emergency room after no food for days this time.
However, I am not exactly sure if this legislation would technically be constitutional since it may be considered a retroactive bill.