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March 30, 2005
Robed Pot Calls Kettle Black?

In denying the Schindlers a final en banc appeal, the opinion for the denial includes a shot at Congress and the President by Justice Stanley Birch:

Birch went on to scold President Bush and Congress for their attempts to intervene in the judicial process, by saying: "In resolving the Schiavo controversy, it is my judgment that, despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people our Constitution [sic]."

Talk about judicial arrogance! Not only did the Eleventh Circuit openly disregard the law written by Congress, this justice arrogantly tells the other equal branches that the only branch guaranteeing a free people is the one not accountable to the will of the electorate. Bear in mind that none of the courts that reviewed this case after the passage of the emergency legislation found it unconstitutional; that at least would have put the court on record. Instead, the judiciary simply and contemptuously disregarded a law which to this moment remains legal and valid.

If Birch thinks that this law constitutes such a serious threat to the Republic, then the court should have ruled it unconstitutional. However, that would have meant a hearing on its merits, which the 11th Circuit cravenly refused to provide. Birch instead reacted in keeping with the hyperinflated notion of the judiciary in modern times as a superlegislature with veto power over actions taken by the other two branches without any due process whatsoever.

Birch's comment demonstrates that this out-of-control judiciary constitutes the main threat to the Founding Fathers' blueprint. They have set themselves up as a star chamber, an unelected group of secular mullahs determining which laws they choose to observe and which they choose to ignore. The arrogance of this written opinion will resonate through all nominations to the federal court over the next several years. It will motivate us to ensure that judges nominated will start respecting the power of the people's representatives to write and enact laws, and the duty of the judiciary to follow them or to specify their unconstitutional nature in the explicit text of the Constitution itself.

In the meantime, perhaps the Senate may want to read this opinion closely and discuss impeaching Justice Birch for his inability to apply the laws of Congress as required. This statement should provide all the proof necessary.

Sphere It Digg! View blog reactions
Posted by Ed Morrissey at March 30, 2005 3:49 PM

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