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March 18, 2005

Congressional Republican Leadership Fights On

The House Committee that issued the subpoenas earlier today filed a motion with the Supreme Court to intervene and reinsert Terri Schiavo's feeding tube. If the Court issues the order, it would allow the lower courts time to hear the legality of the Congressional subpoenas or Judge Greer's decision to ignore the United States Congress.

Question for the Constitutional lawyers or experts on Presidential and Congressional powers: 1) Can President Bush issue an executive order to force reinsertion of the feeding tube? 2) If the Supreme Court refuses to intervene, can Congress remove the Schiavo case from the court's jurisdiction and decide the matter on a vote of the House?

Desperate times call for desperate measures. The unnamed Republican in the article linked above got it right - we are witnessing barbarism.

UPDATE: Thanks to Joe Carter's fantastic post today, I realize that Judge Greer is not a federal Circuit Court judge, but a judge of the Probate Division of the Circuit Court of Pinellas County, Florida. The articles I've read recently only said "Circuit Court" and I thought, Circuit Court of Appeals. Whoops!

I think that means that Congress cannot remove the case from the Court's jurisdiction, because the decision isn't being made there in the first place. What about an Executive Order though? Or a law passed by Congress and signed by the President?

Also, The Anchoress has many posts on the Schiavo story today. In one post, she asks: Can Hillary find "common ground" on behalf of Terri? You know, it would be a brilliant political move. Do you think she's read Noonan lately? I wouldn't be surprised if Clinton steps in to help save Terri Schiavo. Hey, if it works, fine by me.

Posted by Rick at March 18, 2005 10:43 PM

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» Broken windows in the legal system itself from Blind Mind's Eye
Weller essentially told Terri Schiavo, "You had better say you want to live or they will kill you. Just say you want to live." Schiavo responded with a drawn out, "IIIIII," then screamed out "waaaaaaaa" so loudly that a... [Read More]

Tracked on March 19, 2005 11:12 PM


He should not have gone un-named. It's a day to stand up and be counted. I'm frankly calling on Hillary to prove her desire for "common ground" on this.

Posted by: TheAnchoress at March 18, 2005 11:44 PM

Hey Anchoress! Good to hear from you. You know, the article didn't attribute the quote to anyone, which doesn't mean that he intended to be off the record. I'll check out your post.

Posted by: Rick Brady at March 18, 2005 11:52 PM

This did not happen over night. If the lawmakers had wanted to help the woman they would have done it already. There is no last minute calvary charge in this story.

The politicians will do nothing because to this point they have done nothing. Are we the ones now pretending to care by hoping for them?

Posted by: Maobi at March 19, 2005 01:32 AM

Hiya Rick! I went a little quiet for a while, until I went on retreat with a bunch of Baptist ladies and got my groove back, so to speak! :-) Blogged about it here if you're interested.

Posted by: TheAnchoress at March 19, 2005 01:39 AM

Maobi, perhaps the politicians didn't get involved because they held out hope the courts would do the right thing? You know, a convicted murderer on death row gets more review than Schiavo has had.

Posted by: Rick Brady at March 19, 2005 01:46 AM