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Schiavo Lesson on Judiciary Trump Card
NY Times ^ | Mar. 24, 2005 | Adam Liptak

Posted on 03/24/2005 11:24:34 AM PST by Crackingham

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This looks like one of those rare cases where a right-winger can say the NYT really hit the nail on the head.
1 posted on 03/24/2005 11:24:34 AM PST by Crackingham
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To: Crackingham

Our Judiciary is "morally dead" and as such we should stop feeding and watering them.


2 posted on 03/24/2005 11:27:53 AM PST by joshhiggins
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To: Crackingham; Torie

Judicial supremacy my behind...

Congress and the Florida legislature both passed laws delegating the final decision/determination to .... THE COURTS!


3 posted on 03/24/2005 11:28:28 AM PST by ambrose (....)
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To: Crackingham
The federal judges whom Congress authorized to rehear the Schiavo case seemed reluctant to upset what their state-court colleagues had decided.

This is the answer to the left's argument "why have 11 or so judges/courts always ruled with Michael Schiavo?". Professional courtesy. The same reason sharks don't eat lawyers!

4 posted on 03/24/2005 11:30:33 AM PST by frogjerk
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To: Crackingham
And the United States Court of Appeals for the 11th Circuit...refused to order Ms. Schiavo's feeding tube to be reinserted notwithstanding a law enacted by Congress on Monday that many of its supporters thought required at least that.

Well, they thought wrong.

5 posted on 03/24/2005 11:31:08 AM PST by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
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To: Crackingham
Had it passed the earlier version of the law, the courts might well have held it unconstitutional

Not possible.

6 posted on 03/24/2005 11:32:08 AM PST by frogjerk
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To: Crackingham

However anyone wants to play this, the fact remains that a disabled woman is being starved and dehydrated to death on the order of a state court judge.


7 posted on 03/24/2005 11:32:58 AM PST by MisterRepublican (End Judicial Tyranny Now!)
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To: Crackingham

Once this idiot wrote that Bush v. Gore decided the election I stopped reading. The voters, through the Electoral College, decided it. The courts did nothing but delay it. I guess the NY Times administers an oath to its reporters to propagate this lie everywhere they can.


8 posted on 03/24/2005 11:33:56 AM PST by Dilbert56
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To: joshhiggins
Our Judiciary is "morally dead" and as such we should stop feeding and watering them.

Water instead the tree of liberty.

9 posted on 03/24/2005 11:40:30 AM PST by Poincare
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To: Poincare

F*** the voting booth! What good does it do to elect people if they cannot do anything when they control everything. The people need to take the country back. Can we recover from a sin like this? I am so frustrated by this...I cannot fathom the next direction we are to take as a nation. I am so ashamed.


10 posted on 03/24/2005 11:50:54 AM PST by bust (A biased media is the biggest threat to our democracy...)
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To: Crackingham
The United States Congress and the governor of Florida have devoted extraordinary and all but single-minded energy to keeping Terri Schiavo alive. But all they have achieved so far is a bitter lesson in judicial supremacy.

Allow me to introduce you to the supremacy of the American people. All inferior federal courts serve at the pleasure of Congress, which in turn serves at the pleasure of the American people. If it pleases the American people Congress can eliminate all inferior federal courts, including the federal court that ruled on the Schiavo case.

Article. III.

Section. 1. The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

11 posted on 03/24/2005 11:52:01 AM PST by Milhous
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To: Milhous
What is said about the Courts:

Ours is neither the power of the purse nor the sword but of moral persuasion.

He who has the power to interpret the laws is in fact the lawmaker.

12 posted on 03/24/2005 11:57:17 AM PST by cynicalman
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To: Crackingham
"But all they have achieved so far is a bitter lesson in judicial supremacy."

No, the lesson is that conservatives think it's OK to involve the judiciary for their cause, but not OK when the liberals do it.

And I'm speaking as an embarrassed conservative.

The Terri Schiavo case gave the conservatives the ideal opportunity to stand up and say that this is not a federal issue and we will not use the courts to get our way.

How can conservatives ever again point their finger at liberals who use judicial activism to get their way?

13 posted on 03/24/2005 11:57:19 AM PST by robertpaulsen
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To: robertpaulsen
How can conservatives ever again point their finger at liberals who use judicial activism to get their way?

Correct.

14 posted on 03/24/2005 11:58:51 AM PST by cynicalman
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To: Milhous
If it pleases the American people Congress can eliminate all inferior federal courts, including the federal court that ruled on the Schiavo case.

Yeah, but that'll never, ever happen. The courts make far too convenient of a scapegoat for Congress to ever eliminate them. Look at the case at hand - Congress passes a do-nothing bill, and then gets to blame the courts when nothing gets done. Talk about having your cake and eating it too - they don't have to take responsibility for doing anything, and they get to escape any blame for doing nothing.

15 posted on 03/24/2005 12:12:52 PM PST by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
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To: Crackingham
If you take parts of this piece and replace words like "judicial branch" with the words "crips" or "bloods" it makes it a bit more interesting.
16 posted on 03/24/2005 12:15:14 PM PST by isthisnickcool (This space for rent.)
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To: cynicalman
New version of the old civics lesson:

The President proposes,
The Congress disposes,
The Courts superimpose.

17 posted on 03/24/2005 12:21:45 PM PST by yatros from flatwater (Justice, Justice, you shall pursue!)
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To: robertpaulsen

What law usurps this womans right to life? When a citizens Constitutional rights are being trampled, what should we do?


18 posted on 03/24/2005 12:36:51 PM PST by monkeywrench
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To: Crackingham
but the executive is certainly not superior

No, but the executive is independent, and can act on its own, and is not bound in every action by the opinion of the judiciary. Were that to be true, a judge could order you to commit a crime, then order the executive not to interfere with said crime, and then issue an order not to arrest the judge himself for participating in said crime.

Which is what's happening right now.

19 posted on 03/24/2005 1:13:12 PM PST by Regulator
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To: Crackingham
To take the point a little further, CrackHead, consider the following:

The President goes to Congress and says, "I want to invade BadOLandia and depose the Dictator". Congress says Cool, here's the money, we authorize you to proceed.

He does.

Ramsey Clark files suit in the 1st District alleging that the President has gone to war without a Declaration, and the Judge, a Clinton appointee, agrees. She issues an injunction enjoining the President from conducting the war. In fact, she orders the President not to order the troops into any "combat situation" related.

The President ignores Judge Lewinsky, and continues with the war.

Now what? The President has acted independently and within his authority, as he sees it. Judge Monica disagrees. She believes she is the final authority as to whether the war is legal or not. So she asserts control over the President's actions.

Who's right, CrackerMan?

20 posted on 03/24/2005 1:20:35 PM PST by Regulator
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