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Politics : Politics for Pros- moderated
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To: LindyBill who wrote (105698)3/24/2005 5:51:10 AM
From: greenspirit  Read Replies (3) of 793690
 
Fascinating Bill, I'm certainly no lawyer myself, and maybe I am confusing this paragraph from the "statute" she is talking about, but as I read this statement from Congress, the language seems pretty clear. Here is how I break it down.

1. The courts must look at the case and possible violation of rights to Theresa Marie Schiavo not withstanding any prior decisions.
2. Do so without delay.

T]he District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.

The other items she talks about in that post seem like lawyer-talk designed to confuse the issue.

But then, I guess I fall under this mindset whereby she writes "Of course, there are different views on the role of text and legislative intent in statutory interpretation. Some people think that courts should follow the text and the text alone."

If you are not following the text of the statute voted on and provided by the legislature specific to this circumstance, then you're opening a can of worms in regard to different meanings of many different documents and cases which do not necessarily apply.

Why not stick with the text of the statute the legislature wrote directly pertaining to this case? It requires very little interpretation. The "intent" is clearly made in the words voted and agreed upon by legislative act.
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