I admit, when the Shivo bill initially passed, I was very upset with the dems. in the Senate for standing aside and allowing a unanimous consent. Now I see how well the D's actually did.
Levin caused the bill to be changed significantly, which in turn has allowed the federal courts to refuse the injunction. He then let it pass knowing:
1) He couldn't stop it, but rather just slow it down. This way he got to effectively kill the bill without having to kill it.
2) Helping it through would reduce the most obnoxious "You want to kill her" claims. In addition, it shows compassion for Terri.
This bill shows the problem when non-lawyers write laws -- it does things they don't neccissarily intend. Dr. Frist is bothered about the lack of a new trial -- but the bill merely requires the federal case to be "de novo". He forgot to define the word, and their are two types of de novo -- a de novo review and a de novo trial. The court performed a de novo review, and was able to cite legislative history as well as the plantiff attorney's complaint in denying a new trial.
In addition to all of this, the D's have managed to show the rest of the world exactly how nutty the right wingers are.
Good job!!!!
Note: See
Abstract Appeal,first entry on Thursday for the in depth analysis.