Legal questions abound about legislation to keep Schiavo alive (good

guestions are raised in this article.

http://story.news.yahoo.com/news?tmpl=story&cid=2270&ncid=2270&e=2&u=/krwashbureau/20050320/ts_krwashbureau/_bc_braindamagedwoman_legal_wa

Legal questions abound about legislation to keep Schiavo alive

Sun Mar 20, 6:42


By Stephen Henderson, Knight Ridder Newspapers

WASHINGTON........

Some scholars say the law, which is expected to be signed by President Bush (news - web sites) Monday, tramples important constitutional mechanisms that separate the branches of government and prevent retroactive lawmaking. Others say it may be ill advised and even unprecedented, but probably doesn't exceed what Congress can legally do.

Nearly everyone agrees, though, that the law could itself be the subject of a federal court challenge that might require the involvement of the Supreme Court.

"It will be very interesting, because I just can't think of another case that's like this," said Nathaniel Persily, a University of Pennsylvania law professor. "I mean, our guts tell us it's wrong for Congress to try to legislate the result of a particular case, and in general, courts frown on retroactivity and laws that are aimed at selecting out a particular person. But I can't tell you what context a court would use to decide this particular issue, because it's so unusual.".....


"Congress is saying no matter how final a matter is, no matter how settled it is in state court, we can tell you to go back and redo it in federal court," he said. "Congress gets to write statutes. It doesn't decide cases, and that's what they seem to be doing here.".....

that have no time to run the country or oversee the activities
of the executive or for much or anything but raising money and
running for re-election suddenly have time for this sort of
meddling cretinism. What a disgusting exhibition.