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Wednesday, March 23, 2005

Terri Schiavo, again

in the case of the (attempted?) murder of Terri Schiavo... Although Dale Franks at QandO Blog doesn't frame his comments as regarding (attempted) murder of Terri Schiavo (that's my frame of reference), Dale's comments are nevertheless piercing:
"Unfortunately, Ms. Schiavo didn't butcher a carload of tourists with a hatchet, so we can apparently just let her die, and make her whole case moot. I mean, irrespective of whether or not you believe Congress exercised its authority inappropriately in this case by ordering the de novo review, the clear intent of Congress was to spare Ms. Schiavo's life through mandating another round of review. Too bad they couldn't find a way to make that explicit in the text of the act. Apparently, the judiciary is coming over all originalist now, and deciding that, if it's not in the text of the act, it isn't required. "
Of course. Typical of an increasingly activist, imperial and capricious judiciary. Anything that honored the intent of Congress in this matter would decrease the power of the imperial court system. And those who support the imperial courts are generally also those who protest the death penalty and are only opposed to the death penalty for monsters. They approve the death penalty for helpless, but inconvenient, humans who've committed no crime. This is all too convoluted and inbred for me. I'm almost ready to start shouting "Power to the people! Shackle (or hang?) the judges!" Yes, Congress was wrong to butcher federal principles yet again on the block of expediancy. But the legislature and administration of Florida (are you listening, Jeb?) were also wrong in the way they have allowed judges to become little emperors in their State in the last few years. Florida law allows for the prosecution of those who torture people who are in their care. Jeb ought to order the arrest of the judge in the Schiavo case and vacate his order by the simple expedient of taking her into protective custody. Force a (state) constitutional crisis in Florida. he'd likely win against an imperial judiciary if the legislature had the balls to take down a few judges who've gotten too big for their britches. Then, GW could follow that tack in D.C... maybe. If he had the balls for it. There are at least five Supreme Idiots who ought to be impeached and removed, right now, for failure to uphold the Constitution.
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