To: ambrose
You are unfair to Frist and emphasize the wrong point, as did the 11th Circuit, with regard to Congressional intent:
Mr. FRIST. I share the understanding of the Senator from Michigan, as does the junior Senator from Florida who is the chief sponsor of this bill. Nothing in the current bill or its legislative history mandates a stay. I would assume, however, the Federal court would grant a stay based on the facts of this case because Mrs. Schiavo would need to be alive in order for the court to make its determination. Nevertheless, this bill does not change current law under which a stay is discretionary.
Senator Levin agreed with this analysis including the logic of Frist's assumption and withdrew his objection.
The fact is this is a power struggle between the Courts and everybody else and NO LAW OR CONSTITUTION is going to tell them what to do.
59 posted on
03/23/2005 1:05:36 AM PST by
UnbelievingScumOnTheOtherSide
(Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
To: UnbelievingScumOnTheOtherSide
"I would assume, however, the Federal court would grant a stay based on the facts of this case because Mrs. Schiavo would need to be alive in order for the court to make its determination." Senator Levin agreed with this analysis including the logic of Frist's assumption and withdrew his objection.
Well put.
Using the 11th's logic, death penalty cases can now be put off until years after the accused is crispified.
274 posted on
03/23/2005 11:55:38 PM PST by
TeleStraightShooter
(USMC: Putting MMoore's "MinuteMen", the Fallujah Snuff Video Productions, Out Of Business)
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