SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : Politics for Pros- moderated
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
To: LindyBill who wrote (105698)3/24/2005 11:10:36 AM
From: Ilaine  Read Replies (1) of 793706
 
Hugh should say whether he thinks that the plaintiffs in the Schiavo case have a winning case on the merits, and if so, on what specific constitutional or statutory grounds.

This really is the question. Terri's Law gives her parents the right to file a case in federal court based on violations of federal law and/or Constitutional rights, but not a whole new trial on state law issues.

There doesn't appear to be a well developed body of law on these issues. Certainly there is no applicable federal statutes directly on point, and the SCOTUS appears to defer to the state courts.

I was just reading the Cruzan case -- a very similar fact pattern which came down differently because Missouri law was different and the trial court was not persuaded that Ms. Cruzan would have wanted to die. The SCOTUS took that case but punted it, affirming the state courts.
Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  

HomeMailHotSubjectMarksPeopleMarksKeepersSettings
Terms Of UseContact UsCopyright/IP PolicyPrivacy PolicyAbout UsFAQAdvertise on SI
© 2025 Knight Sac Media.  Data provided by Twelve Data, Alpha Vantage, and CityFALCON News