Posted by Orin Kerr:
The Constitutional Merits of the Schiavo Case:
It looks like [1]Congress has taken what I think is the unprecedented
and rather bizarre step of expanding the jurisdiction of the federal
courts to allow a particular District Court to take jurisdiction over
a single case, that of Terri Schiavo. Missing from the press coverage
I have read is any sense of the merits of the federal case enabled by
the new law. As I understand it, a federal court will now review the
merits of the state court decision ordering the withdrawal of the
feeding tube to see if the withdrawal satisfies federal statutory and
constitutional law. Does any one have a sense of what the federal
court is likely to do? Are there obvious constitutional problems with
the state court order, and if so, under what theories and supported by
what precedents?
I have opened comments. Please keep it civil and focused on the
merits of the constitutional and statutory arguments likely to be
raised in federal court. Anything else will be deleted.
References
1. http://www.cnn.com/2005/LAW/03/20/schiavo/index.html
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