Schiavo - What Should Congress Have Done?

[Stephen M. Griffin]

I note the statement by Pam Karlan in today's LA Times:
Part of the parents' legal problem is that "Congress lacked the courage
of its convictions," said Stanford University law professor Pamela
Karlan.

Congress could have passed a law creating new rights for a person in
Schiavo's position, or could have bypassed the usual judicial procedures
to move the case more quickly to the Supreme Court, she noted.

"They did not do the things more likely to get them the result they
wanted," Karlan said. "Why they thought putting this case into federal
court would make it more likely that feeding tubes would be reinserted
is a complete and utter mystery."

What should Congress have done?  Was there a way to write the statute to
guarantee a new trial on the merits and not be unconstitutional?


Stephen M. Griffin
Rutledge C. Clement, Jr. Professor in Constitutional Law
Tulane Law School
6329 Freret Street
New Orleans, LA 70118
(504) 865-5910 (voice)
(504) 862-8857 (fax)
sgriffin at law.tulane.edu

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