In a short interview on NPR's "Talk of the Nation," The Schiavo Law, passed over the weekend was so weak and poorly written, that it would do little of what all the Activist Republican Senators and Congress People have been saying it would do.
Here's the link to the Audio and to a story from the L.A. Times below:
Schiavo Legal UpdateTalk of the Nation, March 24, 2005 ·
The U.S. Supreme Court again rejects hearing the case over Terri Schiavo. We'll have an update on the legal battle.
Guest:
David Savage Supreme Court reporter for the Los Angeles Times
Tough Hurdle for Judge in SpotlightJurist must find whether parents have a chance to win their case before he can issue an order.By David G. Savage, Times Staff Writer
...When Congress met in an extraordinary session over the weekend, sponsors of the bill assumed that a federal judge would order the feeding tube to be reinserted while the courts consider the issue again. But that assumption may not prove to be right.
The law signed by President Bush early Monday said the federal district court in Tampa would determine whether there had been "a violation of any right of Theresa Marie Schiavo" in the state system. But the law did not point to any particular right. Moreover, lawmakers stressed that they did not intend to "create
substantive rights." So, what right was violated?
In the brief filed Monday morning, Gibbs made three major claims. He said state Circuit Judge George W. Greer had denied Terri Schiavo "a fair and impartial trial" because he had become "an advocate for Terri's death." Second, the brief said she was denied due process of law because Greer had failed to "appoint an independent attorney" to represent her rights.
Third, it said Terri Schiavo's rights to religious freedom were being denied, because cutting off her feeding tube was "an activity contrary to the tenets of her Roman Catholic faith as established by Pope John Paul II...." (more at link)
<http://www.latimes.com/news/printedition/la-na-legal22mar22,1,1490299.story?ctrack=1&cset=true>
Here are links to the legal documents:
<http://news.findlaw.com/legalnews/lit/schiavo/index.html>
Congressional Bill Signed into Law