Thomas - question for you on a point of law:
First, you'll be familiar with the Supreme Court's decision of last Thursday, but am re-posting it here for the sake of those who missed it:
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"(ORDER LIST: 544 U.S.)
THURSDAY, MARCH 17, 2005
ORDER IN PENDING CASE
04A801 SCHINDLER, ROBERT, ET UX. V. SCHIAVO, MICHAEL
The application for stay of enforcement of judgment pending
the filing and disposition of a petition for writ of certiorari
presented to Justice Kennedy and by him referred to the Court is
denied."
http://www.supremecourtus.gov/orders/courtorders/031705pzr.pdf
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Next: based on the emergency legislation passed over the weekend a federal judge did get to hear the petition and turned it down. My question is on the legislation itself: it purports to name a person, which would superficially render it ad hominem, but in (medically incontrovertible) fact it names a thing - so would be ad rem.
Now, legislation ad rem is standard, but ad homined is not. Since the res (res, rei) currently known as Mrs Schiavo has no more brain function than a piece of furniture (no brain is left - the cranial cavity is filled with spinal fluid, as per all brain scans) is the Supreme Court required to consider the case again on the basis of this new legislation? And if not, can a new appeal be directed to Federal Court in the same circuit, now sitting en banc?
Am sitting at my assistant's computer as can't post from any of mine with the new firewalls, so don't know when I can login to thank you - so pls accept thanks for your learned reply in advance.