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Napolitano - The Law that Congress Passed is Unconstitutional!

Reported by Ellen - March 21, 2005

A surprising segment on Studio B with Shepard Smith had Smith and Judge Andrew Napolitano going over the actual FACTS from the Schiavo case. Yes, the actual 'facts' from the court cases were read aloud on Studio B.

At one point Judge Napolitano said that the law that Congress just passed was "Unconstitutional and unprecedented in our history."

Later in the segment Napolitano explained that one of two things would now happen. He said that 1) The law would be declared unconstitutional or 2) The judge would look at everything that the state courts had looked at (which he said would take a considerable amount of time and would offer a temporary reinsertion of the feeding tube) and it would follow the same course that the state law had - it would then go to the Federal Appellate Courts in Atlanta, and to the U.S. Supreme Court. He said this second option would still have the same outcome - the law would be found unconstitutional.

Comment: I know everyone is tired of rehashing the Schiavo case, but I thought it was important to bring this surprising information to everyone. I'm going to give credit, where credit is due. Smith read the 'facts' directly from the court decisions. Now, Smith did bring religion in once - to state that a miracle like the one coming up on Easter, where Jesus rose from the dead, was what Terry Shiavo would need here, as no one has ever returned from a persistant vegetative state.

Smith and Napolitano also gave out two websites to read if you wanted to read the facts of the decisions. www.findlaw.com and www.FloridaSupremeCourt.org.

Reported by: Donna

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