Hadley Arkes on Schiavo

For what it's worth, Hadley Arkes has opined in the Terri Schiavo legal fiasco, joining Hugh Hewitt, Scott Hinderaker, and Stephen Bainbridge on one issue and Bill Bennett on another.

He agrees with the former that Judge Whittemore read Congress' act in a "crimped way." And that Jeb Brush, on this basis, could seek, as Bennett says, to enforce a new trial, as Congress required.

The Governor can make it clear—if he is asked—that he will not accept any orders handed down by Judge Greer, for he has the responsibility to direct the marshals and police in Florida, and he feels obliged to direct them according to his earnest understanding of the requirements of the Constitution and the mandate of Congress, an understanding rather at odds with the understanding of Judges Greer and Whittemore.