Congressional leaders issued the subpoenas after failing to enact legislation allowing federal courts to review the case. Through five years of hearings and appeals, the Florida courts have ruled in Michael Schiavo's favor and the U.S. Supreme Court has refused three times to intervene.
Michael Schiavo's attorney, George Felos, said the U.S. Congress has no authority in the case.
"The state does not own Mrs. Schiavo's body and Congress cannot simply order her to remain alive contrary to her medical treatment wishes and court order," Felos said.
Well, Mr. Felos seems confused to me. I agree that the subpoena ploy was quite a stretch, but what the House's legislation would have done is permit Terri's parents to seek relief in federal court. Under the Constitution, the Congress has the authority to establish the jurisdiction of federal courts, so despite Mr. Felos's protestation, the Congress was not trying to assert "ownership" over Terri's body.
Second, Felos flat lied when he said that for Terri to remain alive is "contrary to her medical treatment wishes." Terri had no living will and there is not a scintilla of evidence that Terri herself ever indicated what she would want in such circumstances. That's precisely why this case has dragged on in Florida courts for seven years.
Chris Short is by-the-moment blogging this case in a single, updated post.
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