Balkinization  

Saturday, March 19, 2005

The Schiavo Bill

JB

Here is the text of the House bill and the Senate bill. The Senate bill is the one that is likely to pass.

The Senate bill looks like a final exam in a Federal Courts course. De novo review of state court findings. No Younger abstention. No requirement of exhaustion of remedies.

You just can't make this stuff up.

So you may be thinking, what's all this about federal injunctions against ongoing state court proceedings? Whatever happened to Hugo Black and "Our Federalism?" Well, there's at least one important difference here: the injunction against concurrent state judicial proceedings wouldn't be in violation of the Anti-injunction act, because there is express authorization from Congress.


Comments:

Just reading the thing gives me a constitutional headache. I've been arguing in several places that, contrary to popular belief, Michael Schiavo did not make the decision to remove the tube. The court did, acting as Terri's surrogate, after determining, by clear and convincing evidence, that it is her wish. This was done through the normal course of Florida law.

Does that make it state action? I have no idea.
 

The Constitutional principle being invoked here is Quod rex vult, lex fit. Throw away your Federalist pPapers, and buy a copy of Bossuet instead.
 

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