Re: Ideal System...Schiavo as an illustration
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And that, to me, is the really ridiculous part of all of this. Delay and his pals ACTED as if what they did was give the Schindlers new rights and the chance to have a brand new trial on everything. But what they ACTUALLY did was much, much less. What they ACTUALLY did was give federal courts jurisdiction to consider what any lawyer could instantly recognize were total loser claims. The federal courts did consider those claims and properly rejected them.
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What I don't get is if they had Constitutional claims, the federal court would have had jurisdiction anyway...so, what did the statute really do if its purpose was to give jurisdiction?
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