Hard case, bad law

We have received criticism from leftists for not discussing the Terri Schiavo matter. In truth, we have discussed it. Rocket Man did so here, for example, a day before a left-wing blogger claimed not be have been able to find any mention of the matter on Power Line.
I have not discussed the matter before because I don’t think I have any particular insight or expertise about it. I have followed the case, of course, but no more closely than I expect our readers have.
I do have opinions about the subject, though. They are not very different than those expressed by Professor Bainbridge. I strongly disagree with the decision to remove the tubes that were keeping Terri Schiavo alive, based on the potentially self-serving testimony of a husband with serious conflicts of interest. However, I don’t believe it was proper for Congress to pass an ex post facto law to render ineffective the outcome of state court proceedings.
It looks like we’re heading for a terrible result here. Congress has passed legislation that raises serious federalism and rule-of-law
concerns. And Terri Schiavo is probably going to die at the hands of the state anyway.
UPDATE: Andrew McCarthy presents a persuasive critique of Judge Wittemore’s decision rejecting the request to reinsert Terry Schiavo’s feeding tube. I’m disappointed in the performance of every governmental entity that has been involved in this matter — the Florida courts, the U.S. Congress, and the U.S. district court judge. Let’s see what happens in the U.S. Court of Appeals for the Eleventh Circuit.


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