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To: AndrewC
There should have been no decision except for the constitutionality of the law when the Schindlers presented their suit.

You're way off base. The court cannot decide issues that are not presented before it, and the constitutionality of the law was not presented.

Since the courts took the application it was admission that they had jurisdiction.

No, the court had jurisdiction because the law specifically granted jurisdiction -- a right that is well within the purview of Congress.

Justice, in this instance, is to review, de novo, the acceptance of hearsay evidence from a party who stood to gain from his hearsay evidence at the expense of the life of a citizen of the United States. That was not done.

No, justice was to see that Terri's wishes were carried out. Terri made her wishes known seven different times. I am well aware that even if she had made her wishes known a hundred times that would still not be enough to satisfy the crowd that is perfectly willing to foist upon her a life they would not want for themselves. Today she is whole again and in Paradise. As heartbreaking it is for those she left behind, it is her wishes.

190 posted on 03/31/2005 4:35:46 PM PST by ContraryMary (WPPFF Member)
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To: ContraryMary
The court cannot decide issues that are not presented before it, and the constitutionality of the law was not presented.

It certainly was. When the Schindlers presented the application to the federal court, it was the federal courts duty to determine it's legality. The Schindlers did not present their petition under the protection of the law to the 9th circus.

191 posted on 03/31/2005 4:40:44 PM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)
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