What Congress and the President are trying to do has already been done–by the Florida legislature and by the President’s brother Jeb who is the governor there. The Supreme Court of Florida quickly rejected Bush’s and the legislature’s attempt to intervene with what was known as “Terri’s Law”. There is every reason to predict that the same fate awaits Tom Delay, Bill Frist, James Sensenbrenner and George Bush.
First, state courts control the handling of end of life care issues not the Federal courts. Second, the facts in this case have been litigated forever and there is no reason to think any Federal judge will find any flaws with the due process according Terri’s parents and siblings as they have fought against her husband. Third, Congress is trying to pass a law for ‘one’ and that is unlikely to be seen as constitutional. Fourth, the Schiavo case is essential a domestic dispute. Federal courts hate to get involved in these. Fifth, and perhaps most importantly, the trial court judge shows no inclination to be bullied. He has already told Congress to pound sand when it issued subpoenas requiring Terri Schiavo to testify in Washington. He may well do the same in response to any Congressional legislation.
– Arthur Caplan