Posted on 03/31/2005 3:11:22 PM PST by Crackingham
House Majority Leader Tom DeLay on Thursday blamed Terri Schiavo's death on what he contended was a failed legal system and he raised the possibility of trying to impeach some of the federal judges in the case. "The time will come for the men responsible for this to answer for their behavior," said DeLay, R-Texas.
But a leading Democratic senator said DeLay's comments were "irresponsible and reprehensible." Sen. Edward Kennedy, D-Mass., said DeLay should make sure that people know he is not advocating violence against judges.
DeLay, the second-ranking House GOP lawmaker, helped lead congressional efforts 10 days ago to enact legislation designed to prod the federal courts into ordering the reinsertion of Schiavo's feeding tube. He said the courts' refusal to do just that was a "perfect example of an out of control judiciary."
Asked about the possibility of the House's bringing impeachment charges against judges in the Schiavo case, DeLay said, "There's plenty of time to look into that."
President Bush expressed sympathy to Schiavo's parents.
"I urge all those who honor Terri Schiavo to continue to work to build a culture of life where all Americans are welcomed and valued and protected, especially those who live at the mercy of others," he said.
White House spokesman Scott McClellan refused to join DeLay in criticizing the courts. "We would have preferred a different decision from the courts ... but ultimately we have to follow our laws and abide by the courts," McClellan said.
Joining DeLay in taking issue with the judiciary was Sen. Rick Santorum, R-Pa., who said, "The actions on the part of the Florida court and the U.S. Supreme Court are unconscionable." Also, GOP Rep. Patrick McHenry of North Carolina said the case "saw a state judge completely ignore a congressional committees subpoena and insult its intent" and "a federal court not only reject, but deride the very law that Congress passed."
DeLay said he would make sure that the GOP-controlled House "will look at an arrogant and out of control judiciary that thumbs its nose at Congress and the president."
Three words: On What Grounds?
Failure to uphold their oath of office!
Do you suppose Ted called Michael Schiavo and congratulated him on getting away with it in broad daylight?
Losing the nuclear option means losing millions of lives. Are those lives "secondary?"
As to the "religious right", perhaps you've noted that "conservatives" were also NOT in favor on any action on part of Congress and the president in this case. These same "conservatives" have delivered the same possibility they may no longer vote for the GOP. Are you worried about their continued alliegance?
I'm one of those conservatives. I have my limits. Those limits have been reached and exceeded by a wide margin. I have been repeatedly accused of Satanism and worse because I didn't agree in every jot and tittle of the Terri Schiavo mob's agenda, and I am appalled to hear that the GOP has hinge-head with respect to these people. I am suspending donations to the GOP until such time as I am satisfied that they have taken steps to prevent a repetition of this fiasco. I am not going to work GOTV in 2006 if the religious right remains in the driver's seat. And, if the Terribot mob doesn't cool it, I won't even bother showing up to vote. And the GOP is going to hear about it in detail.
Revile me all you want. Just don't expect my up-to-now-undying support in return.
Loyalty is a two-way street. The religious right has shown exactly zero loyalty in return for the tremendous loyalty given them in the past two weeks. Until they make it clear that they are going to go just as far in their loyalty to the GOP as the GOP did in loyalty to them, I am staying out of the political fray.
If anything once the emotion calms down Christians will be more determined than ever to correct the Judiciary, and they'll seek the GOP as the vehicle to make this happen. Through ending filibusters..through insitance the GOP use its constitutional authority to discipline the Judiciary. It's already begun.
The window slammed shut on the nuclear option because the less-than-fanatic end of the GOP caucus now has very real reason to question the judgement of the leadership.
The religious right just cost us bigtime. And they're threatening to cost us more because they didn't get their way. The GOP can either be really stupid, and try to appease them, or the GOP can start treating the religious right as the spoiled, ungrateful children that they act like. I will not support stupidity with my time, treasure, and talents.
DeLay is making a fool of himself
Then I guess, making a fool of himself is the right thing to do.
Enjoy your emanating penumbras. Your interpretation of the U.S. Constitution would make Anthony Kennedy proud. Perhaps you could find some international law from Nigeria or Thailand to support your view. You certainly won't find it in the plain meaning of constitutional text.
Go, DeLay! He's really PO'd. (Me, too.)
They create the law under which the rules of procedure are derived. They can rewrite the laws any way they wish.
Because the courts aren't supposed to reach beyond the evidence presented to them. The burden, once that law was passed, was squarely on Gibbs. We get snarky when Justice Kennedy starts citing foreign law. In this case, the courts stayed within the boundaries of the law, and now we're PO'd at them because they didn't take an activist posture.
Didn't the congress file it with the courts asking to do a de novo?
Congress filed no case. They merely passed a law.
Impersonating a human being
The mere possibility that a question of federal law might arise is being sufficient to satisfy the "arising under"
jurisdictional authorization of Article III [Marbury v. Madison, 1 Cranch 137, 177 (1803), Chief Justice Marshall].
And THAT should have removed the insect-brain Pinellas Nazi Magistrate Judge.
Congress has the right to call to task judges who overstep their mandate. It is just that for the past decades they haven't done it because to do so requires intestinal fortitude, which is in very short supply in both branches of Congress.
Federal judges should make sure that people know they are not advocating violence against the justice. Opps too late.
And frankly, the congressional bill they did pass was almost certainly unconstitutional. Michael's attorneys didn't bother with that argument, as far as I know, because the Schindlers attorneys showed up at a gunfight with a water pistol.
If you haven't read it, how the devil do you justify asserting what it contains?
On what grounds?
http://www.petitiononline.com/ijg520/petition.html
BTTT with that sentiment.
You are correct about that part. If that was all Congress had done there would've been no problem. What they did was go a step further and dictate how the actual legal proceeding would be conducted in court. That's a violation of the separation of powers.
Obviously, he had none. As for the law itself, it was an amazingly bad one. Tinkering with appellate review procedures to affect the outcome of one case ought to boggle the mind of anyone concerned with the idea of "rule of law." I now understand why the U.S. Constitution prohibits Bills of Attainder.
"Bills of attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. ... The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and less-informed part of the community." - James Madison, Federalist Number 44, 1788.
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