Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Michael Graham on Out-of Control Judges
The Free Times of Columbia, SC ^ | 3-31-05 | Michael Graham

Posted on 03/31/2005 10:08:04 AM PST by MissEdie

A Bad Judge of Character

If the revolutionary power of democracy can reach into backwaters like Afghanistan, Iraq and Kyrgyzstan, is it too much to hope that, one day, the democratic spirit might even reach all the way to the American judicial system?

Right now, there’s a judge in Manning weighing whether you are giving enough tax dollars to the public schools of Marion County. You might think that deciding school budgets is the job of elected school officials. You might think that deciding your taxes is what you elect council members and legislators to do. You might even think, “Hey, I don’t even LIVE in Marion County. Why can’t they run their own damn schools?”

You silly American, you.

In fact, courts — which have already taken away the right to sing “Away in a Manger” at the school Christma … er, holiday … uh, winter concert — are going to decide if South Carolinians are smart enough to run their own schools. If you’re not doing it “right,” then a judge — by himself — is going to change it.

Think I’m exaggerating? Ask the taxpayers of Kansas City. They got stuck with a 100 percent property tax increase ordered, not by politicians elected to set tax rates, but by Judge Russell Clark, who decided that the Kansas City schools weren’t doing enough to keep white families in the public schools, so he forced taxpayers to fund a massive spending program (including new Olympic-sized swimming pools and an on-campus planetarium) without anyone casting a single vote.

After all, what’s voting for, anyway? Sure, hundreds of thousands of Americans have died to secure and defend our right to democratic self-government, but that’s of little interest to the typical American judge — who most often is appointed rather than elected.

When a majority of Massachusetts voters say again and again that they want state-sanctioned marriages to be between one man and one woman, do their judges care? No. Instead, a 4-3 majority decrees that the right to same-sex marriage has been in the state’s constitution for more than 200 years but nobody had noticed it before. Then these four judges order the elected representatives of more than 7 million people to write a law creating same-sex marriage — an odd instruction if the marriage right is already in the constitution.

In California, it only took one judge to redefine marriage to include same-sex partners, even though more than 61 percent of California voters voted to ban such marriages in 2000. How did this one judge overcome the overtly stated will of the voters who (theoretically, anyway) have the right to decide basic legal issues like marriage laws?

Because in Judge Richard Kramer’s opinion, “no rational purpose exists” for keeping marriage a one man/one woman legal arrangement. To most rational people, this would be viewed as an embarrassing admission of Kramer’s intellectual inadequacy. But in the modern American courtroom, alas, this ignorance is revered as justice.

Who are these supermen, these towers of integrity, these mighty men and women who rule us mere mortals from behind their imperious benches? Mostly, they are second-rate lawyers whose billable hours were so anemic they were forced to become state legislators to pay the bills. Once there, their inability to make any great name for themselves on profound matters of the day made them consensus candidates to the judiciary in the eyes of their logrolling fellow legislators.

Most of the same judges who dismiss the political process as beneath them are, like South Carolina’s own Jean Toal, utterly political creatures. She was political enough to drink and drive, collide with a car, admit her drinking to a Columbia police officer, and still not even get charged with DUI.

Other judges are merely incompetent, like Charleston’s Victor Rawl. Now semi-retired, Rawl’s name inspired fear and dread on the mean streets of the Lowcountry — but only among members of the law enforcement community. Perhaps his most famous decision was in 1999 when he denied a request that a violent repeat offender be returned to prison for probation violations. The judge instead sent the offender to “psychiatric counseling.” A few months later, the perp was under arrest for murdering two young women in Goose Creek.

Judge Rawl’s defense was simply to point out that nobody’s perfect. And, of course, he’s right. These judges are just men and women with no greater wisdom and insight into the difficult issues of your life than your barber, your chiropractor or your neighborhood psychic reader.

Which brings us, sadly, to the Terri Schiavo case. By the time you read this, the state of Florida might have finally starved Schiavo to death. The merits of giving the government the right to kill people based on hearsay evidence from witnesses who stand to benefit financially from death are, obviously, questionable. But consider Judge George Greer’s admission that in the Schiavo case he relied in part on his assumptions about young people growing up in the 1980s. A desire to have her feeding tube pulled rather than remain alive in a limited state “would be expected by people of this country in that age group at that time,” Greer said.

So if Terri were old enough to remember Lawrence Welk she’d get to eat, but because she’s in the Facts of Life generation, a judge is going to starve her to death?

The result of Greer’s gavel-pounding guesses isn’t that someone will have to pay a legal bill or lose some property or get a divorce. The result is life and death. And these unelected court politicians are making these death decrees in the face of direct, democratic appeals from the Florida Legislature and from Congress. These judges don’t merely disagree with the will of the people (which is sometimes their job); they disdain it. Somehow having these profound decisions influenced by democratic impulses is impure, dangerous. But having them made by a former county councilman with a B average in law school is the pinnacle of justice.

It’s not time to abandon the court system. It’s not time for mobs to call into Paula, Simon and Randy to pick the winning litigant on American Plaintiff. It is time, however, to end the era of judicial dictatorship. Judges aren’t geniuses. They aren’t Solomon. They aren’t God. Until a judge has the power to command a Terri Schiavo to rise up and walk, he should not have the power to condemn her to the tomb.


TOPICS: Culture/Society; Government; US: South Carolina
KEYWORDS: activistjudges; judges

1 posted on 03/31/2005 10:08:05 AM PST by MissEdie
[ Post Reply | Private Reply | View Replies]

To: MissEdie


2 posted on 03/31/2005 10:09:27 AM PST by drpix
[ Post Reply | Private Reply | To 1 | View Replies]

To: little jeremiah

ping


3 posted on 03/31/2005 10:15:14 AM PST by EdReform (Free Republic - helping to keep our country a free republic. Thank you for your financial support!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MissEdie; All
in honor of Terri Schiavo
4 posted on 03/31/2005 10:16:46 AM PST by the invisib1e hand (God rest Terri Schiavo. God help us.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MissEdie

Pinellas county, Florida subhuman murderer Judgenfuhrer Greer:
" I would not have cared if she got up and screamed, "Stop!"
Our motto is: 'Mors Vincet Omnia'. So listen closely, slaves.
YOU LIVE AT OUR MERCY.
Tonight begins Holocaust Remembrance Month with our "Perfect Murder".
Never forget that we Judgenfuhrers in Florida --who let you live at our convenience--
celebrate Holocaust Remembrance Month with our worldwide public
2 week starvation-execution of a young handicapped woman.
Now that America's honor is finished in the eyes of the World, thanks to me and my black-robed Mullahs,
you have no more hope. So you WILL serve us,
and then quietly and meekly die after we have enough of your money
or are in sudden need your organs for ourselves or the PRC.
"


Theresa Marie Schindler - December 3, 1963 - Murdered by Judges for NOTHING: March 31, 2005 (after Judicial torture)


Official flag of Pinella county, Florida - The State of Human Torture and Prolonged Starvation

" 9. Between September 1939 and April 1945 the defendants Karl Brandt, Blome, Brack, and Hoven unlawfully, willfully, and knowingly committed war crimes, as defined by Article II of Control Council Law No. 10, in that they were principals in, accessories to, ordered, abetted, took a consenting part in, and were connected with plans and enterprises involving the execution of the so-called "euthanasia" program of the German Reich in the course of which the defendants herein murdered hundreds of thousands of human beings, including nationals of German-occupied countries. This program involved the systematic and secret execution of the aged, insane, incurably ill, of deformed children, and other persons, by gas, lethal injections, and diverse other means in nursing homes, hospitals, and asylums. Such persons were regarded as "useless eaters" and a burden to the German war machine. The relatives of these victims were informed that they died from natural causes, such as heart failure. German doctors involved in the "euthanasia" program were also sent to Eastern occupied countries to assist in the mass extermination of Jews."

[ Count 2, section 9, of the indictment in "the Doctor's Trial" at the Nuremberg war crimes trial;
United States Holocaust Memorial Museum
]

HEALTHFUL DRINKS WITH WARM MEALS EATEN SINCE THE ORDER-TO-MURDER-AN-INVALID BY JUDGE GREER
BEFORE HIS GREER'S and THE JUDICIAL SYSTEM'S Latest VICTIM WAS MURDERED

Scumbag Torturer and Murderer-At-Will, The Imperial Pinellas County Judgenfuhrer Greer ..... 60
............................................................................................ Terri Shiavo 0
............................................................................................ Lee Malvo 55
...................................................................................... Scott Peterson 54

5 posted on 03/31/2005 10:16:53 AM PST by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MissEdie

And what can we do about it? Nothing.


6 posted on 03/31/2005 10:38:00 AM PST by mlc9852
[ Post Reply | Private Reply | To 1 | View Replies]

To: MissEdie

We need to get rid of these Judges.

One way or another. Frankly at this point I don't care how it's done. I don't want to see another Civil War in this Country but if we don't get rid of them there will be.


7 posted on 03/31/2005 10:40:21 AM PST by Leatherneck_MT (3-7-77 (No that's not a Date))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Leatherneck_MT
"We have four boxes with which to defend our freedom: the soap box, the ballot box, the jury box, and the cartridge box."

Rep. Larry McDonald, 1935—1983

8 posted on 03/31/2005 10:42:35 AM PST by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Diogenesis

"We have four boxes with which to defend our freedom: the soap box, the ballot box, the jury box, and the cartridge box."

Rep. Larry McDonald, 1935—1983

I pray to God we don't have to resort to the final Box. But the powers that be had better be advised that this is one Old Marine who will use the last box when no other recourse is available.


9 posted on 03/31/2005 10:44:28 AM PST by Leatherneck_MT (3-7-77 (No that's not a Date))
[ Post Reply | Private Reply | To 8 | View Replies]

To: Leatherneck_MT

"We have four boxes with which to defend our freedom: the soap box, the ballot box, the jury box, and the cartridge box."

Rep. Larry McDonald, 1935—1983

Well, let's see. I have been on my SOAP box for a while now.

I'm not so sure that the BALLOT box is effective. Promises made before elections are seldom kept, I've noticed.

I have tried over 24 times in my 63 years to be on a JURY, to no avail. I am Caucasian, I've never been arrested, I'm reasonably sane, I am a tax-paymer/homeowner -- yet I have always been "struck" from being on a jury.

And, the sad part, I don't own a CARTRIDGE box. Not yet! But I'm thinking about it.


10 posted on 03/31/2005 11:03:09 AM PST by i_dont_chat
[ Post Reply | Private Reply | To 9 | View Replies]

To: i_dont_chat

When you finally obtain one, keep your powder dry.

Semper Fi


11 posted on 03/31/2005 11:04:48 AM PST by Leatherneck_MT (3-7-77 (No that's not a Date))
[ Post Reply | Private Reply | To 10 | View Replies]

To: MissEdie
This is the first time I have read that the ghoulish Judge Greer had ruled that Terri's "desire to die" was a generational thing. Pinellas County, Florida, is in the Twilight Zone.
12 posted on 03/31/2005 11:08:56 AM PST by Malesherbes
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson