in terms of ducking hard issues, it ought to be an easy decision, actually, which is to remand it back to federal court for a hearing on the merits as the f'in law requires. I am sure that Scalia, Rhenquist and Thomas can figure out how to state that in a slightly more eloquent but eqully biting manner.
BTW I don't really see how the SC can decide not to take this case. It is a fundamental issue because it regards the powers of the legislative vs. judicial branch. Either the law is constitutional and must be obeyed, or it is not, a subject on which no one has ruled. In fact Whittmore ruled that for the purposes of the TRO he presumed it was constitutional, and that he just was not going to comply - which really deserves a slap-down.
in terms of ducking hard issues, it ought to be an easy decision, actually, which is to remand it back to federal court for a hearing on the merits as the f'in law requires. I am sure that Scalia, Rhenquist and Thomas can figure out how to state that in a slightly more eloquent but eqully biting manner.
I think so too, if they deny, this will be even more of a travesty of justice...the appeal reaks of conspiracy...with a judge, husband, lawyer and Hospice all likely profiting....this appeal is more than just error, they are saying in effect, the first trial was rigged in Schiavo's favor...