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To: Soul Seeker; sinkspur
Today, I signed into law a bill that will allow Federal courts to hear a claim by or on behalf of Terri Schiavo for violation of her rights relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

Well intentioned, but stupid. Involving the federal courts is a big mistake. Sinkspur is right. The courts will just declare this law unconstitonal and refuse to hear Terri's case.

Instead, Congress should have declared that Terri's rights under the 14th Amendment have been violated and, exercising powers granted to Congress in section 5, ordered the feeding tube restored. They should have also included a section stipped the courts of any jurisdiction to review this law.

Let's hope they have the cajones to take the above course of action should the courts invalidate this law. It's time to show the courts who is boss. I'm not holding my breath, though.

2,702 posted on 03/20/2005 10:43:55 PM PST by curiosity
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To: curiosity
Instead, Congress should have declared that Terri's rights under the 14th Amendment have been violated…

I believe the law allows that argument to be heard in Federal court.

The courts will just declare this law unconstitonal

It would seem that had they declared Terri's rights had been violated, they would be acting in the role of judge and stand an increased chance of being knocked down by the courts.

I think, on this logic, Congress's solution is more likely to stand than the one you proposed.

2,811 posted on 03/20/2005 11:11:36 PM PST by D-fendr
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To: curiosity
If they do, it will simply be another chapter in our quest to bring the courts back under control. To hold the courts ultimately accountable, judicial review should be abolished but as I said, that's a subject for another day. We did all we could do to save Terri's life. We have nothing to apologize for, when it comes to extend her the right every other American has: to have our courts hear her case. If that's unconstitutional - then the very idea of America itself has no meaning.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
2,894 posted on 03/20/2005 11:49:19 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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