Posted on 03/21/2005 11:31:10 AM PST by Dont_Tread_On_Me_888
BINGHAMTON, N.Y. An upstate Republican congressman says federal lawmakers shouldn't have gotten involved in the Terri Schiavo (SHY'-voh) case.
Sherwood Boehlert of Oneida County didn't return to Washington for today's vote on a bill to give the brain-damaged woman's parents the right to ask a federal judge to order doctors to reinsert her feeding tube.
Boehlert told Binghamton radio station W-N-B-F that -- in his words -- "Congress has no business injecting itself" into the case. He said he would not have voted for the bill had he been at the unusual early-morning House session.
Boehlert noted the Schiavo case has been before Florida state courts many times over the past several years.
Boehlert said the decision to have the House vote shortly after midnight was a "crazy way to schedule the whole thing." He said the only way he could have made it back to Washington in time for the vote was to charter a plane -- which he said he wasn't about to do.
(Bob Joseph, WNBF, Binghamton)
'Carrying out the law' involves interpreting it. That's where the problem is. If it was that easy to interpret the law then we wouldn't be having any discusions on this at all. And the issue remains...Justice Scalia agrees with both John Marshall and Alexander Hamilton about the Judiciate having the power to void laws deemed non-Constitutional.
I'm saying--very clearly--that federal courts have no jurisdiction here. This violates Article III of the Constitution.
I have to honor their decisions and tell the Congress to butt out.
Constitution says the Congress has the right to butt-in. Do you have a problem with the Constitution?
Is it? IMO it is the perfect response since the answer to the two questions is exactly the same.
Welcome!
It is nice to see a new poster with the guts to post an opinion that runs contrary to the "bandwagon emotional hysteria" that often occurs.
Hope you start contributing more.
You keep making that claim, but you're not backing it up with authority. What in the Constitution gives Congress the authority to butt-in?
What kind of law allows a person to be starved to death? Just answer that - what kind of law?
I think in this case her parents want her to live and if there is any doubt that she should be kept alive.
This violates Article III of the Constitution.
You better re-read Article III if you believe that.
"I agree with you in large part, but don't expect to get too far on here. I think the majority weight of opinion is against us on this one."
That the job of SCOTUS, not Congress.
Look, that's an interesting moral question, and one I don't necessarily disagree with, but it's beyond the scope of this argument.
The question is whether federal courts have jurisdiction here. I don't think they do. It's an issue for Florida to decide, not Congress.
I agree with you.
The florida litigation was not complete. As an attorney who has handled such guaradian cases in the past, there is much in this case procedurally that is not correct.
The legislature did its job in this case.
Every judge will tell a loosing party in the trial court to either appeal or write to the legislature to "change the law".
In this case that is exactly what has happened. It IS the place of the legislature to legislate. They made a law that was well within their authority (disregard teh democrat talking point absurdity confusing criminal law here).
The ONLY thing that this law has done is give authority to the federal courts to examine this case. This is proper. It is proper to ask why Judge Greer excluded certain evidence, it is proper to hear alternate testimony. It is not proper to be selective in evidence, it is not proper to appoint a GAL who is more ecconomist than advocate. It is also proper to question the impartiality of Attorney Felos.
We do give others federal review.
I think Delay said it best, "she is one of us." Just because a person has reached a point,temp or permanent, that a guardian is required does not mean their life is meaningless.
All guardianship cases are agony.
The federal judge can find there is nothing wrong with the state court, the federal judge could find something IS wrong. It may be only that the federal judge allows the mother and father to be there as the daughter is starved to death. We don't yet know this clinton appointees decision.
We DO know whatever the decision it WILL be appealed.
More like the "I'm not sure if Terri has cognitive ability or not, therefore I would err on the side of life" camp.
Your comments confirms you are in the "I know for a fact that Terri is a vegetable and that she wouldn't want to live like this, therefore let's err on the side where if it turns out I'm wrong, there's nothing that can be done do correct it".
What in the Constitution gives Congress the authority to butt-in?
Article III, the one you need to re-read.
Oh, from every press report I have heard the law in Florida defers to the 'custodian' in this case it's still her husband. No matter what you or I think of him -- that's th law. During the round table during FNS yesterday I swear I heard someone say that the state legislature in FLA already said they wouldn't pass a law changing this for the governor (Jeb).
The legislature in FLA is still held by our side, right?!
It sounds to me like the judge is upholding the law that's on the books -- isn't that what we want our judges doing?!?! No matter how backward this particular courts decision was 5 years ago on the recounts... in this case, they upheld the law and didn't make law. GEEZUS!!!
Florida courts ruled . . .
The Supreme Court of the United States upheld the lower court decisions . . .
Now, Congress is trying to bypass SCOTUS. Republicans are acting like Democrats. That is the problem.
What about the supremacy clause?
Agreed. And they have already trumped the right to life by condoning suicide with misnamed "living will" supports and otherwise allowing health care officials to "pull the plug." All life is life.
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