Posted by Orin Kerr:
Congressional Subpoenas And State Court Orders:
In a last-ditch effort to block a state court order mandating the
withdrawal of a feeding tube from Terri Schiavo at 1 p.m. today, the
United States House of Representatives is [1]issuing a Congressional
subpoena "requir[ing] hospice administrators and attending physicians
to preserve nutrition and hydration for Terri Schiavo to allow
Congress to fully understand the procedures and practices that are
currently keeping her alive."
I am no expert in the law of Congressional subpoenas, but I can't
see how Congress can justify this order as being within the scope of
the Congressional subpoena power. The subpoena power is an
investigative tool: it permits the issuing authority to compel
individuals either to come testify before the issuing authority or
else to bring physical items such as documents and records to the
issuing authority for inspection. The key mechanism is the power to
compel the disclosure of evidence to Congress so that Congress can
understand the facts and craft legal solutions accordingly. The power
to compel disclosure of evidence doesn't seem to have much to do with
the power to block a state court order requiring the removal of a
feeding tube.
References
1. http://www.cnn.com/2005/LAW/03/18/schiavo.brain-damaged/index.html
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