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.
No Surprise
Captain Ed is miffed by the judicial arrogance as well.
Too little too late?
A federal appeals court has allowed a new appeal of Terry Schiavo’s case.
I could just Gag!
Just when you thought the Terri Schiavo saga could deteriorate no further….it gets even more ugly.
Are you one of the many who emailed the Schindlers (Terri’s parents) in support? If so your name, along with about 30,000 others on the list ARE F…
Update: As predictable as Howard Dean sticking his
rising tommorrow AM, the 11th Circuit denied Terri Schavio’s bid to have her feeding tube
We Who Carry Nightsoil
That’s where we are now regarding the courts in this country. The judiciary holding the other two branches of government, the states, and the people when acting by referendum, in open contempt.
I Guess We Know Who Calls the Shots Around Here
The Court of Appeal’s Schiavo ruling shows a complete and utter contempt towards Congress. Just in case you’re wondering folks, Congress passes the laws, and the courts interpret them. Yes, they can declare them unconstitutional, but that’s not what …
The arrogant bunker mentality of an entrenched jud
Ed Morrissey serves up a furious helping of completely correct and justified righteous indignation at the arrogant and condescending tone of the final opinion rendered by the Eleventh Circuit.
Carpe Diem and to Hell with Compassion!
I have a different take. I think that the Court chose to seize an opportunity in a heartless bid to b—-slap Congress and the President.
The part of Birch’s opinion quoted above is NOT part of what is called the Court’s “holding.” It’s what is ca…
A Deadly Power Struggle
It has been my feeling for weeks that the courts had no intention of reversing the early decision to remove Schiavo’s tube for political reasons. They seemed bound and determined not to be pushed around by Jeb Bush, Congress, or the President…
Judicial Grandstanding
The Supreme Court again refusing to take up Terri’s case isn’t surprising. Nothing has really changed to get them to…
President of The Surf Guitar
Today’s dose of NIF – News, Interesting & Funny … condolences for Terri and prayers for her family.
Terri Schiavo, RIP
Now that Mrs. Schiavo can be put to rest, I hope principle, reason and circumspection will return to the quarters from which they have been vacated. This whole sad affair has unhinged people in a way I’ve never seen before….
Carnival of Implosion
Eek! It would appear that the libertarian right and the statist right have had enough of each other. I am more than a little suprised that left leaning blogs seem to have missed this especially when they are are still…
I’m taking my ball…
Stephen has a pretty good point about this whole my-way-or-the-highway mentality at the moment over the Schiavo case. Like Jeremy said, nobody has looked good doing it. However I do have to point out that not everyone is doing it
What, No Terri’s Law?
[Originally posted at The Wide Awakes, on 01 April 2005.]
Laws are written by legislatures, not by activist judges. Sometimes judges are hamstrung by awful laws; or, they simply flout the Constitution and legislate from the bench. Both seem to hav…