[D-fendr]

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.

[curiosity]

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.

The 14th Amendment explicitly gives Congress the power to pass all legislation necessary to prevent states from violating or failing to protect people's rights.

Further, they could make the law exempt from judicial review by placing it outside the jurisdiction of any court, as the constitution allows Congress to do.