Explain to me how "Terri's Law" is not a Bill of Attainder?

[LostInAnomie]

It is a bill forcing legal action on an individual, it does not apply to anyone else, and it is not supposed to set a legal precedent.

This reeks of a Bill of Attainder, how can it be constitutional?

[Journeyman]

1. Same questions apply to Bush v Gore. . .

I'm still trying to figure that one out.

[jmowreader]

3. Bush v. Gore wasn't a bill of attainder

A bill of attainder is first a legislative act. Bush v. Gore was a Supreme Court decision.

[w4rma]

2. It looks like a bill of attainder to me

A legislative act that imposes any punishment on a named or implied individual or group without a trial
- Bills of attainder are prohibited by Article I of the U.S. Constitution.
http://www.answers.com/topic/bill-of-attainder

"imposes any punishment on a named or implied individual"
The punishment is on Terri Schiavo. She has asked, through her husband and her marriage contract and some of her friends (as witnesses), to not let her suffer in the state that she is in now. The Republican legislature has taken away her power to decide what should be done to her body.

"without a trial"
The bill was all about overriding the trial judges in the state of Florida.

[htuttle]

4. In theory it's not constitutional

I looked it up:
Article I, Section 9, paragraph 3
"No Bill of Attainder or ex post facto Law shall be passed."
http://www.house.gov/Constitution/Constitution.html

'Bill of Attainder':
"Definition: A legislative act that singles out an individual or group for punishment without a trial."

"These clauses of the Constitution are not of the broad, general nature of the Due Process Clause, but refer to rather precise legal terms which had a meaning under English law at the time the Constitution was adopted. A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. Such actions were regarded as odious by the framers of the Constitution because it was the traditional role of a court, judging an individual case, to impose punishment." William H. Rehnquist, The Supreme Court, page 166.

http://www.techlawjournal.com/glossary/legal/attainder.htm

[goodhue]

5. good question

reeks of bill of attainder to me

[HawkerHurricane]

6. They'll weasel out of the Constitutional question...

by claiming that 'not killing someone isn't punishment.'

[LSdemocrat]

7. It doesn't force action per se, just makes it available

See sections 2 & 4 of the bill below

From http://thomas.loc.gov Look up S.686

SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO.

The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

SEC. 2. PROCEDURE.

Any parent of Theresa Marie Schiavo shall have standing to bring a suit under this Act. The suit may be brought against any other person who was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo, or who may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.

SEC. 3. RELIEF.

After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

SEC. 4. TIME FOR FILING.

Notwithstanding any other time limitation, any suit or claim under this Act shall be timely if filed within 30 days after the date of enactment of this Act.

[Gothmog]

8. argument is that no punishment is inflicted

The argument is thatthe law does not punish anyone and therefore is not a bill of attainder. There is some law that the concept of bill of attainder is a broad concept that could include the current bill.