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To: marron
This is probably not a new observation, but I think we are seeing a judges rebellion, judges basically telling non-judges to stay out of their business.

If so, the federal judges went out of their way to convey the opposite impression in their opinions this week. I wouldn't have been surprised if they had taken the opportunity to slap Congress and perhaps declare the weekend law unconstitutional. But they didn't. They accepted its constitutionality at face value and even delved into legislative intent.

83 posted on 03/23/2005 7:48:18 AM PST by Dog Gone
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To: Dog Gone
. They accepted its constitutionality at face value and even delved into legislative intent.

That may be what you saw. What I saw was something else. They were asked to review the case; they didn't refuse to do this, they merely refused to preserve her life while they do so. This is how you refuse to comply while apparently complying. Any good bureaucratic infighter should know this tactic.

86 posted on 03/23/2005 8:05:28 AM PST by marron
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To: Dog Gone
While it it true that they did not take a swipe at Congress, they did not take the opportunity to relly change the dynamics of the case, which is what Congress wanted.

The desire was for a complete rehearing in essence...a clearing of the deck and complete review of the case. The dissenting Judge apparently saw this, agreed to it, and knew that the vistim, Terri, would have to be kept alive for it to have any meaning.

The other justices, apparently looked at a preponderance of the evidence from Greer's court and decided there was no credible chance of success based upon it...when the evidence and proceedings from Greer's court are the very issue at hand. Thereby they sidestepped the issue at hand and in essence closed ranks with the state court.

Just my opinion.

88 posted on 03/23/2005 8:20:55 AM PST by Jeff Head (www.dragonsfuryseries.com)
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