Question: Can the federal courts refuse

cynatnite

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Sun Mar-20-05 09:55 PM
Original message

Question: Can the federal courts refuse

to hear the Schiavo case if this bill is passed?

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w4rma

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Sun Mar-20-05 09:56 PM
Response to Original message

1. Yes. (nt)

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journalist3072

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Sun Mar-20-05 09:57 PM
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2. Yes they can

They can basically say that Congress has no oversight here. There is no federal issue, and that the case has already been decided by the courts in Florida.

Contrary to the popular belief of those on Capital Hill, the United States Congress is not a country unto itself. They can be rebuffed on this issue.

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Massacure

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Sun Mar-20-05 09:58 PM
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3. I believe so. The federal court cannot currently hear it

But it can choose to hear it if it passes. That doesn't mean that they have to if I understand the bill correctly. Plus of course there is the chance they hear it and side with the husband.

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WillowTree

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Sun Mar-20-05 10:01 PM
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4. Yes.

All Congress is really doing right now is making it possible for Terri's parents to take the case to a Federal Court of Appeals. They cannot force the court to take the case (though I wouldn't be at all surprised if they don't have a court all lined up that's already said they'd take it if her parents had standing to bring it to them, but that's just conjecture on my part).

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cynatnite

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Sun Mar-20-05 10:02 PM
Response to Original message

5. Thanks n/t

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Dr Ron

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Sun Mar-20-05 10:06 PM
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6. That will be one argument

I bet one of the first issues to be fought will be over whether they should even be hearing the case.

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Inland

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Sun Mar-20-05 10:10 PM
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7. Well, that depends.

Federal courts respect past decisions of state courts.

But for future proceedings, the congress can give the federal courts jurisdiction over ANY matter, including those arising under state law. In those instances, the fed court rules on the basis of state law. Fed courts can and do refuse individual cases, but I suppose Congress could forbid that.

The bill in question, however, does not expand federal jurisdiction except for a review as to whether the state court provided due process.

http://www.terrisfight.org/press/fedbill.html

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JohnnyRingo

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Sun Mar-20-05 10:11 PM
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8. The Supreme already kicked it back down

They ruled it a "state issue" last week and left the ruling in Floida to stand.

I don't imagine this newest nonsense from Tom Delay will change that.

The stall tactics only add insincere republican drama to an already sad case in hopes of further solidifying their base wacko-s.

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Quixote1818

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Sun Mar-20-05 10:16 PM
Response to Reply #8

9. How many fucking more courts does this have to go through?

As if a federal court will see things any differently than six different state court or the supreme court, this is just maddening! I really feel like punching Tom DeLay and Monkey Face in the stomach!

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