Separation Of Powers In Schiavo Case

[The Wrath]

Yes, I think this deserves to be a separate thread from the other one about Terry Schiavo, because this is not about the morality of euthenasia or familial rights. This is about separation of powers.

Does anyone else find it a gross misuse of power for Congress to be legislating something that should be left up to the courts? The controversy surrounding Terry Schiavo is a legal one, not a legislative one. Congressmen and senators constantly complain about judges who "legislate from the bench." How is that any worse than Congressmen and senators who "rule from the floor?"

[DavidOdden]

For starters, legislation establishes what the law is. I don't think it's any worse, and it's possibly better since at least the congressional power to create law is restricted to definite, objectively knowable law. The only thing that should be left up to the courts is what the facts are and how the law applies to them. Well, that's the current pretense but actually judges make up their minds and then construct an argument that supports the ruling, no matter how thin the argument is. So I guess I consider it to be a wash, and wold focus instead on the content of the law.