Expertise's Politics and Sports Blog


Friday, March 25, 2005
de novo.

If there wasn't enough controversy surrounding Congress's actions last Sunday allowing the federal courts to review Schindler v. Schaivo, now there are conservatives that are accusing the courts of flouting the legislation Congress passed.

Indeed, Congress did order a de novo review of the case, but now I'm wondering if that provision is indeed constitutional?  Does Congress have the right to lay out the process of review for the federal courts?  It's one thing for an appellate court to call for the review themselves, but I'm skeptical of Congress's power with this option.

I'm not a law student or professor by any means, but it would seem to me that the Congressional action could be likened to double jeopardy (albeit this is not a criminal case).  Whether we believe the federal courts' decisions on Schindler v. Schaivo are correct, I'm inclined to believe that Congress doesn't have the power to order this procedure in a civil or criminal court case.

If you can give me some insight on this or show me a legal prescedent of where this has happened before, please feel free to show me.  But I think a number of folks (Hewitt, Powerline, etc.) are a bit off base on this one.

Posted at 04:51 pm by Expertise

 

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