In Florida Right-to-Die Case, Legislation Puts the Constitution at Issue

In enacting a tightly focused, one-time-only law that effectively reversed a series of court decisions allowing a Florida man to withdraw life support from his brain-damaged wife, the Florida Legislature has created a constitutional crisis, legal scholars said yesterday.

”Courts get to decide particular cases, not legislatures,” said Steven G. Gey, a law professor at Florida State University. …

[T]he governor and his allies in the Legislature will have demonstrated their commitment to an issue of great concern to conservative voters in Florida.

From a legal standpoint, the main question is whether the Florida Legislature was authorized to undo a judicial decision.

In general, courts decide particular cases, and legislatures enact general laws. When either branch of the government strays from its role in the constitutional structure, its actions can violate the separation of powers doctrine.

The Supreme Court ruled in 1995 that Congress is prohibited from reopening final court decisions under that doctrine.

“The prohibition is violated when an individual final judgment is legislatively rescinded for even the very best of reasons,” Justice Antonin Scalia wrote for the majority, “such as the legislature’s genuine conviction (supported by all the law professors in the land) that the judgment was wrong.” …

“What if the courts decide, as I’m fairly sure they will, that the statute is unconstitutional?” Professor Noah asked. “Could the Legislature then instruct the governor to ignore that judicial order?”

If the answer to the second question is no, he suggested, the law enacted Tuesday must be struck down. If the answer is yes, he went on, the conventional concept of how legislatures and courts divide their responsibilities is wrong.