March 21, 2005
next up in schiavo case
A lot of law talking guys are attempting to figure out whether the bill granting Terry Schiavo's parents standing in federal court is constitutional. The short answer is that it's extremely unconstitutional - the question isn't so much whether it's constitutional, but rather: which part of the veritable buffet of unconstitutionality will the district court opt to base its decision on? And after it does that, how quickly can the 11th Circuit affirm the district court so that the matter can arrive at the Supreme Court? And then, what basis will the Supreme Court reject this complaint?
The immediate question, however, is whether the district court will order the tube back in while the case runs the federal gamut. We should find that out in a few hours.
Here are some good constitutional ponderings from various blogs and especially their commenters: Volokh, Balkin, Balkin, Bashman, Bashman, NPR (real player audio) (including interview with Akhil Amar).
posted by scott pilutik at March 21, 2005 09:50 AM
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