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How can this bill -require- the Federal court to rule? From the text

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karlrschneider Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 04:53 PM
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How can this bill -require- the Federal court to rule? From the text
http://news.findlaw.com/hdocs/docs/schiavo/bill31905.html

"The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted."

How can Congress mandate what cases will be reviewed or considered by a Federal Court? This can NOT be Constitutionally valid! :eyes:
:grr:
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punpirate Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 05:12 PM
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1. It is constitutionally invalid...
... on probably more grounds than the Florida law was under Florida law.

It works both ways for the Republican Congress this way--if a judge finds for them and upholds this law, the `pugs have won on the basis of undermining the decisionmaking powers of the courts. If a court throws out the law, the `pugs in Congress can scream to their base about "activist judges" ignoring the clear intent of Congress, which solidifies their chances of getting Bush's latest crop of recycled Neanderthals in.

It's ballsy and it's crude, but, either way, the `pugs gain from it. They've structured it as a political event, not a legal one, and they'll be able to use this all the way into 2006.
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karlrschneider Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 05:23 PM
Response to Reply #1
2. I'm terrified you may be right.
:grr:
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