The power to pass laws ultimately lies in Congress. The power to enforce those laws and to interpret the Constitution lies with the Courts. Decisions made by the Supreme Court are particularly important because they set a national precedent, a standard. Do you think the Congress has the right to Order the Supreme Court to consider a case? Does the Congress have the right to Order the Court to do anything?

In the Terri Schiavo case, my understanding is that the Senate attempted to order the Supreme Court to hear the case. The Supreme Court, ignored the order and refused the case.

No they can not order the court to try a case. And no they should not be able to.

Congress makes the laws, the Executive branch enforces the laws, and the Courts intrepret the laws.

However, Congress does have the authority to determine what the Federal Courts have jurisdiction over. In the Case, the Congress authorized the Federal Courts to have jurisidiction over this case. Well within their power.

dmk

They can't order the Court to convene and try a case, however. The Florida legislature did not vote for the decision to be appealed to the federal courts. Congress passed a law to order that decision to be appealed anyway. So much for the Republicans screaming state's rights.

Well the life of a non-sentient being was at stake. The Republicans are all about defending the non-sentient. However, once you become self aware...


...Your Fucked!

another George Carlin (from the same show) comes to mind...

"if you're pre-born you're fine, if you're pre-school- you're fucked!"

Congress gave the Federal court system jurisdiction over the case, tey never ordered them to take the case, but rather expanded their original jurisdiction to include the case, which meant that if the Federal Court was willing, they could have convened a new trial, rather than acting as an apellate court.

dmk

But they were not required to.

Nor should they have been...

Exactly, all Congress did was to expand the court's original jurisdiction, they would have liked the court to hear the case anew, but the court was under no obligation to do so. Nothing hinky about what the Congress did, nothing that was extreme or broke any laws.

dmk