OCA
VIP Member
musicman said:Perhaps the fact that this case kicked around in the system for so long indicates less that it's been heard and heard and heard, than that it has been a juridisctional hot potato. The only true "finding" by any of these courts - in all this time - has been the upholding of Judge Greer as the sole finder of fact. Is that right and proper? Did Greer preclude the introduction of important evidence in a capricious manner? Did the state and federal court systems fail Terri Schiavo, in the most permanent, irreparable sense imaginable? Beats the shit out of me. What do I know?
But surely you'll concede that all of these questions presented Congress with a unique problem. A perfectly plausible possibility existed that an American was about to be deprived of her life without due process. When that possibility exists, states rights are out the window. The Federal Government's duty is clear - the U.S. Constitution MUST prevail. And, let's add to this already convoluted mix the fact that the clock was ticking - had been for some time - on an innocent person's life. Frankly, I don't see where Congress had a choice.
Well then for the first time that I remember with you we'll have to agree to disagree, I believe she was given due process above and beyond the call of duty.
