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Posted on 03/22/2005 6:31:40 PM PST by STARWISE
Edited on 03/22/2005 9:46:25 PM PST by Admin Moderator. [history]
Tonight it is, March 22, 2005, over five days since Theresa Marie Schiavo commenced her ordeal of purposeful and legally sanctioned dehydration and starvation. We await a decision from the three judge panel from Eleventh Judicial Circuit as to her fate, as her family struggles with seeing Terri's physical health deteriorate.
You're not crazy. I'm frazzled and a bit angry over this, but not dispairing...for some reason.
God's will is perfect -- even when we don't understand it.
Actually you might need intervention because DCF needs to get her out of there for good!
Although I have a pounding headache from worrying, I too feel oddly calm and hopeful at the moment. Please, Lord, hear our prayers.
Robert Bork, a Reagan administration nominee whom the U.S. Senate refused to confirm, called the federal legislation signed by President Bush early Monday morning something that "happens with some regularity."
"[The new law has] given jurisdiction to a federal court to hear, in effect an attack upon a state court outcome, but we do that all the time," said Bork, who authored the 2003 book "Coercing Virtue: The Worldwide Rule of Judges" and is currently a distinguished fellow at the conservative Hudson Institute.
"They (the Congress and the president) are not overstepping their legal bounds, they have a right to confer jurisdiction on a court," Bork said, just hours before a federal district court was due to hear the Schiavo case.
...
"Federal habeas corpus is precisely that. Somebody is convicted in a state court, exhausts his appeals and then files a writ of habeas corpus in a federal court in order to challenge the constitutionality or otherwise of his trial. So this is not a unique intrusion into state court jurisdiction," Bork added.
Bork also dismissed the argument that congressional conservatives and President Bush were being hypocritical by expanding the role of the federal judiciary. "The hypocrisy is the other way. I think what the Democrats see is once you talk about life in this way, you are tangentially or obliquely raising the abortion issue. I think that scares the hell out of them," Bork said.
"They don't want to view life as anything -- unless it's the death penalty of course. If somebody murdered somebody, they would be against giving them death but if it's an innocent unborn child or a Terri Schiavo, they are all for it," Bork added.
He also emphasized that in his view, congressional action in the Schindler Schiavo case does not mean "trashing the constitution."
"That's ridiculous ... This is an effort to use their undoubted power over jurisdiction," Bork said.
'A fundamental right'
Conservative legal scholar Mark R. Levin said Democratic liberals in Congress are upset because they are not in the position to affect what happens in the courts. "What really offends the Left is Congress asserting its constitutional power over a court, and not in service to the liberal agenda," Levin wrote in a posting on National Review Online on Monday.
Levin, president of the Landmark Legal Foundation, also authored "Men in Black: How the Supreme Court is Destroying America."
"The right to live, or more specifically, the right not to be killed, is a fundamental right. And it's a right recognized in our founding document, the Declaration of Independence," Levin wrote.
"Article III specifically empowers Congress to determine the jurisdiction of the federal courts, which is all it did [Monday]. It authorized a federal court to determine whether Terri Schiavo's due process rights and the right not be subject to cruel and unusual punishment were properly protected by a state court," Levin added.
He criticized liberals for failing to support the federal intervention in the Schiavo case when it has championed the Supreme Court's intervention in abortion law.
"In Roe v. Wade, the Supreme Court decided on its own that abortion was a federal question, not to be left to the states, without any constitutional basis whatsoever. It pre-empted every state court and legislature (and Congress, for that matter). And the Left celebrates this decision," Levin wrote.
Levin also warned conservatives not to be intimidated by political attacks over the federalizing of the Schindler Schiavo case.
"We must not allow the Left to define the terms of this debate. It is willing to make almost any argument to protect the supremacy of the courts. And even though Congress here is instructing the federal courts to review the case, the Left objects to any congressional exercise of constitutional authority over the judiciary"
That was beautiful! Thank you for sharing that with us! A good lesson for us all "Be still and know that I am God"..
Lauren, Jeb said there was something before Greer now. Did he say what?
By the way...Jeb said that all the emails and calls etc,,,,are working (it said that on Fox)...
Hard cases make for bad law, but either we live under the rule of law, or we do not, there is not middle path. Even if the law is wrong, you change it, you do not defy it. Right and Wrong are clearly defined in this instance.
I don't know. I only know Jeb said it was not a decision he could legally make. It had to be a decision made by the DCF. So it sounds like it is out of his hands. But he must have some indication the DCF is going to go forward.
He is deplorable.
I feel like Auntie Em facing Miss Gulch
"For years I've wanted to tell you just what I think of you, but being a good Christian woman, I can't!"
That's what I mean. I think this new procedure may possibly save Terri and set up Greer for this possibility if he stonewalls. I'm hoping he sees this and works to save his own behind while saving Terri.
States don't have rights, they have obligations to those they serve; humans do have rights, to be protected by the state governments, and failing that, the feds.
I'm more offended you're ok with an illegal power grab by the federal government with historic and sweeping consequences.
... people look up Brown vs Board of Education sometime, really...
Excellent point.
http://www.freerepublic.com/focus/f-news/1369025/posts
Thread on Gov Bush press conference
"Watch what I will do."
I've 'heard' the same thing. Watch and pray.
Federal law trumps states rights. Civil and human rights violations are federal.
I read this and had an instant "wash" of peace.
The affidavit from this top neurologist for the Mayo clinic has found new evidance about Terri and DCFS is before Greer right now to show it to him and to ask him again to reorder the feeding tube be placed in Terri! pray he says yes! For once Greer do the right thing!
Either we live under a system of laws, or we do not. Injecting emotion into this debate is a mistake.
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