We are governed by fools

Here is the key language in the bill passed by Congress over the weekend: "In such a suit [to be brought by a parent of Terri Schiavo in the U.S Court for the Middle District of Florida], the District Court shall determine de novo [Latin for, from scratch] 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."

There are at least two things wrong with this. (1) The bill violates the Separation of Powers doctrine. Notice the mandatory language - the court SHALL "entertain" and determine the suit without delay. Congress has the power to define the jurisdiction of the federal courts, and this bill starts out by saying the court shall have jurisdiction to hear the particular case to be brought by her parents, but I would not be surprised if a federal judge in Tampa looks at this and says, "Congress cannot tell me I have jurisdiction and must determine this one particular case to the exclusion of others that could be brought by others similarly situated. That amounts to a determination by Congress that this case, and only this case, is 'justiciable.' Congress has gone too far." (2) The bill violates the principle of Federalism. Here is a case that has been up and down in the state courts for years. To say, as at least one Representative has said, that the state courts of Florida have violated her right to due process goes beyond audacious. It is uninformed. The bill gives virtually no credence to anything that any state court has said or done in this case. The federal court is supposed to give no weight to any state court decision. Coming from Congress, this is an intolerable demonstration of ignorance of the Constitution.