Monday, March 21, 2005

Sick and twisted: The Terri Schiavo scenario explained

Andrew Cohen writes Trial by Legislation, which is a clear and readable explanation of what will happen in the Terri Schiavo case. From his powerful article:
QUESTION: What does that concept do the regular give and take between the court systems, the idea of comity and cooperation between judges?

ANSWER: It destroys it. But that's the whole point of this Congressional action. Not liking a particular result in a case that has been litigated fully and completely by a court with competent jurisdiction, Congress now has said that the game must be re-done with new rules that heavily favor one side over the other. The implications of this move are astonishing. Just think about it. Anytime Congress doesn't like the result in a particular case, it could swoop in and call a "do-over," which is essentially what this legislation represents. And this from a Congress that has for a decade or so tried to keep all sorts of citizens-- including disabled employees-- out of federal court. If this law is declared valid, no decision in any state court in the country will be immune from Congressional second-guessing. It would throw out of whack the entire concept of separation of powers. The constitutional law expert Tribe calls it "trial by legislation" and he is right.
George Bush came back early from his vacation in Texas. This life is precious. The 135+ prisoners and the 1,500 American soldiers in Iraq he condemned to death don't count.

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