Because .. I've found out we're talking about 2 entirely different pieces of legislation .. which Pepper777 has now pointed out to me.
The new law which was just passed in Congress - HAS NOT BEEN RULED UN-CONSTITUTIONAL.
I did not know that you were talking only about the fed. statute. They both have the same problem, though. They both apply only to Schiavo. That was the reason they declared the first law unconstitutional. After they had such great success with the first one, they decided to try it again. It just shows what I said to begin with--they knew it would be thrown out. The conservatives just got whatever they could get passed. The liberals made sure it would be unconstitutional.