Think Progress

Frist Acknowledged Schiavo Bill Gave Courts Discretion

There has been a lot of carping by the right-wing that the federal courts, by not granting a stay of the state court order to remove Terri Schiavo’s feeding tube, ignored the clear intent of Congress. For example, House Majority Leader Tom DeLay (R-TX) issued this statement yesterday:

Mrs. Schiavo will not receive a new and full review of her case as the legislation required. We strongly believe that the court erred in reaching its conclusion and that once again they have chosen to ignore the clear intent of Congress.

Actually, Congress clearly intended that the federal court would have the discretion to grant or deny the stay that Terri Schiavo’s parents requested. This is true even in the case the legislation’s biggest proponents, like Majority Leader Bill Frist (R-TN). Check out this exchange between Sen. Carl Levin (D-MI) and Frist:

Mr. LEVIN: The absence of any state[d] provision in the new bill simply means that Congress relies on current law. Under current law, a judge may decide whether or not a stay is appropriate.

Does the majority leader share my understanding of the bill?

Mr. FRIST. I share the understanding of the Senator from Michigan, as does the junior Senator from Florida who is the chief sponsor of this bill. Nothing in the current bill or its legislative history mandates a stay.



30 Responses to “Frist Acknowledged Schiavo Bill Gave Courts Discretion”

  1. leftinthewest.com » Frist Admits Courts Are Separate Branch of Government!!!!!! says:

    [...] correct, but a different outcome cannot simply be mandated by Congress. ThinkProgress has the good news. Disappointingly, it appears that Tom DeLay has not joined in the Separation of Powers fu [...]


  2. Bones says:

    Republicans really know how to manipualte the media.If they do anything right,this is it.


  3. Alan says:

    If the court didn’t have discretion, what would the point of having a court at all?


  4. Jon says:

    The Frist irony watch continues. Apparently, Doctor Frist – Mr. Tort Reform himself – has become Mr. Witness Malpractice.


  5. michael hanrahan says:

    Did George H.W. Bush and queen mother Barbara Bush cut off life support to young “W,s” little sister when W was just a lad. Is it also true that they never spoke of their daughter and what had happened to her to her siblings. Family values, I do not think so.
    Thank you
    Be Well
    Michael


  6. Remember says:

    Terri has a right to have a good hurrah! We are having a good exit party right now. We are celebrating her life-not the the BS media, political football game not the christian reichs agenda. Remember Terri as a beautiful young woman, not as bait for evil agendas. You will rot in hell from preventing her from reaching the wonder of heaven. Micheal Sciavio we stand by you!


  7. Aunt Deb says:

    Doesn’t that quote from Frist continue? And I think he goes on to say something along the lines that the courts will understand that Congress wants the court to grant the stay in order to look at the case de novo. It’s a very confusing exchange.

    But it’s clear that Frist is as about as skilled a lawyer as he is a neuroscientist.


  8. Stacy L says:

    I’m with #7. Maybe he didn’t lie. Maybe he does not understand legal jargon. I do not think Frist is half is bright as he thinks he is. So he sucks just as badly at politics as he does with medicine. This man is one ignorant S.O.B.——Does he really think he’ll be a viable G.O.P. presidential canidate? Maybe he should run. If the fix isn’t already in, perhaps that’s one election we could actually win.


  9. backgamon rules says:

    backgamon rules
    Leibniz never married; he had considered it at the age of fifty; but the person he had in mind asked for time to reflect. This gave Leibniz time to reflect, too, and so he never married. by


  10. hgh spray says:

    The administration of HGH Spray takes you only a few seconds and thus it spares you the pain of swallowing pills or taking HGH injections.


  11. anti aging says:

    HGH is a very common product nowaday. HGH spray is very effective in anti-aging treatment.


  12. hgh says:

    HGH comes from Human Growth Hormone… a hormone that helps your body grow when you’re young, regenerate and stay in shape after puberty.


  13. bextra says:


    http://bextra.ls1fun.com
    bextra, bextra side effects, generic bextra, dose of bextra, bextra generic, buy bextra, cheap bextra, bextra diet pills, discount bextra, bextra capital, order bextra


  14. antiaging says:

    There are several types of anti aging therapies, but, so far, hgh anti-aging therapy is the most promissing.



  15. IgnoreThis says:

    7/14/2006 12:25:03 pm
    Ignore this message


  16. IgnoreThis says:

    7/14/2006 12:48:49 pm
    Ignore this message


  17. IgnoreThis says:

    7/14/2006 3:06:07 pm
    Ignore this message


  18. IgnoreThis says:

    7/14/2006 4:00:27 pm
    Ignore this message


  19. IgnoreThis says:

    7/14/2006 5:15:37 pm
    Ignore this message


  20. 4 says:

    15/07/2006 00:49:17
    4


  21. 4 says:

    15/07/2006 01:14:03
    4


  22. 4 says:

    15/07/2006 03:10:44
    4


  23. s says:

    15/07/2006 04:35:54
    s


  24. s says:

    15/07/2006 05:17:42
    s


  25. 1 says:

    16/07/2006 10:04:52
    1


  26. 1 says:

    16/07/2006 13:09:05
    1



  27. Hoodia says:

    10/6/2006 4:02:50 PM
    Great information! Hoodia and Buy Hoodia


  28. ampd free mobile ringtones says:

    nextel real music ringtones

    Officially free polyphonic ringtones samsung banana phone ringtones



Jump to Top

About Think Progress | Contact Us | Terms of Use | Privacy Policy (off-site) | RSS | Donate
© 2005-2009 Center for American Progress Action Fund
View Most Popular

Advertisement

What We're About

Featured

image
Subscribe to the Progress Report



imageTopic Cloud


Visit Our Affiliated Sites

image image
Reports


Got a hot tip?
Have a hot news tip? We'd love to hear from you. Use the form below to send us the latest.

Name:
Email:
Tip:
(required)


imageArchives


imageBlog Roll