I think Romney was right on, as to his remarks to the Schiavo case. Congress should in no way interfere with the courts. They should do some law making outside a case, perhaps. This could start a terrible precedent.
Then why does the constitution give congress full authority over the courts?
The precedent already exists in cases where a state intends to execute someone for a crime of which he's been convicted. Why should it not be extended to a case where a state intends to execute someone without even the slightest allegation that she's committed any crime whatsoever?