March 31, 2005

Judicial Grandstanding

The Supreme Court again refusing to take up Terri's case isn't surprising. Nothing has really changed to get them to get involved. I'm ticked at the 11th U.S. Circuit Court of Appeals who gave Terri Schiavo's parents false hope. The court agreed to consider taking up the case only to issue a ruling against it 15 hours later. James Joyner calls the court's actions "incredibly cruel."

The court gave the Schindlers a glimmer of hope because Judge Stanley F. Birch Jr. wanted to scold politicians. He wrote,

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.

Oh please! Maybe Congress and the President overstepped their constitutional bounds, and maybe they didn't. Since Judge Birch didn't feel the need to declare the late night, emergency legislation unconstitutional that question is up for grabs. As Captain Ed puts it, "Talk about judicial arrogance!" And at a grieving family's expense.

"High Court Rejects New Schiavo Request"