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Over the past two years, Congress has considered proposals to strip federal courts of jurisdiction over same-sex marriage, 1 the Pledge of Allegiance, 2 judicial invocations of international law, 3 the public display of the Ten Commandments, 4 and legal challenges filed by "enemy combatants." 5 And while none of these proposals were enacted, 6 some of them were approved by the House of Representatives.7 More striking, Congress expressed its disapproval of state court decision making in the Terri Schiavo case by expanding federal court jurisdiction.8 Specifically, rather than accept state court findings that Terri Schiavo, then in a persistent vegetative state, 9 would rather die † Goodrich Professor of Law and Professor of Government, College of William and Mary.Thanks to Keith Whittington for helpful suggestions.
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