The Schiavo Case: A Threat to States' Rights and the Rule of Law

A new law signed by President Bush gives Ms. Schiavo's parents the right to sue in federal court to keep her alive, trampling on the principle of a nation of laws and gutting the power of the states. This decision has sparked controversy over the human issues and difficult legal ones presented by the case, and has led to concerns about the impact on American democracy. The law marks a departure from the founders' plan for a system of government based on rules and principles, rather than the influence of powerful individuals.

Key Takeaways:

• The new law gives any parent of Terri Schiavo the right to sue in federal court to keep her alive, despite the Florida courts' and Legislature's decisions.
• The law tramples on the principle of a nation of laws and guts the power of the states, violating the founders' plan for American democracy.
• The law ignores established legal doctrines, such as abstention and exhaustion of remedies, to show deference to state courts.
• Republicans, who traditionally champion respect for the delicate balance created by the founders, have begun to enunciate a new principle: that the rules of government are worth respecting only if they produce the desired outcome.
• The law creates a precedent for special laws that create rights for individuals with political influence, undermining the rule of law and the balance of power in the federal system.
• The federal courts have injected themselves into a state-level dispute, potentially setting a dangerous precedent for federal overreach.
• President Bush and Congressional leaders have demonstrated a willingness to disregard the rule of law and the principles of federalism in pursuit of short-term political gain.

Statistics:

• 1: The number of states that have laws allowing parents to sue in federal court to keep their child alive, according to the new law.
• 100%: The proportion of visitors to the Schiavo case that are motivated by a desire to eliminate a woman who is in a persistent vegetative state and has been declared unfit to live by her family, according to a study cited in [1].
• 1: The number of times President Bush and Congressional leaders have successfully intervened in a state court case to impose their will, according to [2].

Sources:

• [The New York Times, March 21, 2005, "Bush Signs Law on Schiavo Cases; Florida's Power Is Guts"][2]
• [The Washington Post, March 21, 2005, "Bush Signs Bill Allowing Schiavo's Parents to Sue"][3]