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.
[...] 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 [...]
March 25th, 2005 at 5:09 pmRepublicans really know how to manipualte the media.If they do anything right,this is it.
March 25th, 2005 at 11:06 amIf the court didn’t have discretion, what would the point of having a court at all?
March 25th, 2005 at 1:47 pmThe Frist irony watch continues. Apparently, Doctor Frist – Mr. Tort Reform himself – has become Mr. Witness Malpractice.
March 25th, 2005 at 2:07 pmDid 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.
March 25th, 2005 at 9:31 pmThank you
Be Well
Michael
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!
March 25th, 2005 at 10:25 pmDoesn’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.
March 26th, 2005 at 6:59 pmI’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.
March 27th, 2005 at 12:09 pmbackgamon rules
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