Tuesday, March 22, 2005

Culture of Gall

Posted By on Tue, Mar 22, 2005 at 8:42 AM

Dahlia Lithwick at Slate captures the legal essence of what Congress has done in the Schiavo case:


This is a case in which an established right-to-refuse-treatment claim, litigated for years up and down through the appeals courts, is being thwarted by parents with no custodial claim to their child. By stepping in merely to sow doubt as to whom Terri Schiavo's proper custodian might be, rather than creating some new constitutional right to a "culture of life," Congress has simply called the existing legal regime into doubt without establishing a new one. This new law offers no clarity about what the new federal claims might be. It just forum-shops for a more tractable judge.


The next law enacted should be the one that bars all Republicans from ever using the phrase "judicial activism" again.

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