The Judiciary Fights Back

Rush Limbaugh | Rush Limbaugh

[Babu]

Rush Nails it!

[riri]

That's a rather sassy picture of Rush.

I must be getting old. I am thinking he looks pretty attractive there. Sorry, nothing of substance to add. (:

[jcb8199]

Something I noticed about the opinion is that sure, we have checks and balances, but what good are they if the Judiciary is not subject to the checks placed upon it? "Three distinct" branches is one thing, but they ALL have power over the OTHERS. If the Judiciary can ignore the Executive and Legislative, where are the checks and balances?

[VRWCisme]

"I continue to want to focus on the courts because the courts are the ones that made this happen. I mean you can say that George Felos is involved and Michael Schiavo and all that, true, but when you boil it down it's the courts that caused this woman to die or let this woman die, however you want to look at it. The US and state courts are the ones who made this day possible."

Obviously, in any case that goes to court, the court could be said to be responsible for all that happens. But Michael Schiavo was the one who wanted his wife's feeding tube removed. Had he not fought for that and refused to consider her parents and their wishes and belief of what Terri would want, there wouldn't have been a court case to begin with. The focus on the judiciary, as important a dialogue as it is, can blur the direct line of responsibility if we let it. And to say that the courts are the whole reason this happened or to gloss over Michael Schiavo and "boil it down" to being all the courts' fault loses that fact.

[Credo]

Why should the judiciary fear Congress & the President? The last federal judge to be remove was Hastings and he was rewarded with a seat in the House for his pains.

[Huck]

Michael Shiavo could ask that she be killed, but only the court was allowed to order it done.

[concerned about politics]

I a Socialist/Communist society, we'd be dictated to rather than have elected representatives speak on our behalf.

Hey, wait a min...............

[Spok]

Every federal court in this nation, except the SCOTUS, was created by Congress, which means they can be 'uncreated' by repeal of those statutes. And the SCOTUS can simply be unfunded-no staff, no building, no word processors, no paychecks. It's time they were reminded of this simple fact.

[Rodentking]

There are three separate battles going on here:
• Michael Schiavo's personal agenda, whatever that is;
• The deatheaters' assault on our system;
• The legal system's efforts to remain uncheck and unbalance, running or ruining our country, depending on your point of view, by fiat.

Rush is dealing with this last part, elements of the legal system, judges in particular, see this as a challenge to the current superiority of the legal leg of the country’s governmental tripod, the Executive, the Legistative and the Legal. Notice, no mention of Justice.

Our Declaration of Independence and Constitution guaranty freedom to enjoy LIFE, Liberty and the Pursuit of Happiness.

Judges have a vested interest in being infallible. One can question the Judge’s procedures, he can be found to make procedural errors, but one cannot question his judgment. The President and Congress, as well as the Governor, have questioned his judgment. That is not allowed and will not be allowed by the court system. It really isn’t relevant that an innocent lady will be tortured to death. You must understand, if we are allowed to question the Judge’s judgment, all heck will break loose. The Judge must be infallible.

[Russ]

There are neither checks or balances. Article 3 of the Constitution gives very little power to the Judiciary. All the power they accumulated over the years has either been given to them by the other two branches or taken by the courts themselves.

What was given can be taken and what was taken should be nullified.

[CajunConservative]

Yep, remove their funds.

[snowsislander]

Mr. Limbaugh is truly providing excellence in broadcasting.

The imperial judiciary is peeved that the executive or the legislative branches might somehow assert some of their rightful powers -- indeed the justices were exercised enough by such lese majeste that the 11th ignored the plain words of our Constitution.

[onyx eyes]

The American Judiciary, is certainly not clear and unbiased. Many of us on Terri's side, already had guessed that the judges involved in the outcome of Terri's case, would go against her. Because, they want to "show" President Bush...

[malakhi]

Ironically, Judge Birch is exactly the kind of man that social conservatives, in more normal times, would want appointed to the federal bench.

[badbass]

Judges have a vested interest in being infallible. One can question the Judge’s procedures, he can be found to make procedural errors, but one cannot question his judgment. The President and Congress, as well as the Governor, have questioned his judgment. That is not allowed and will not be allowed by the court system. It really isn’t relevant that an innocent lady will be tortured to death. You must understand, if we are allowed to question the Judge’s judgment, all heck will break loose. The Judge must be infallible.

You have hit the nail precisely on the head. ALL of the judges involved in killing Terri Schiavo were more intent upon seeing that nobody questioned their infallibity than seeing justice done. These people really, really make me worry about our future. They also confirm that unchecked power ALWAYS corrupts. It's just human nature.

I'll be honest. I hope they rot in hell.

[Political Junkie Too]

This judge, Stanley F. Birch, Jr. of the 11th US Circuit Court of Appeals, wrote the opinion yesterday that shut down all other appeals on the Schiavo case...

Here's the thought that's been on my mind regarding separation of powers:

If we play word games like the Left does, then when did the power of the courts morph from issuing OPINIONS to issuing RULINGS or ORDERS?

If the Executive has the power of ACTING (executing), then the Judiciary issuing RULINGS is usurping the power to act reserved to the Executive.

There can be only one ruler in a Republic, and that is the elected executive. The Legislature makes law, the Executive enforces law, and the Judiciary offers OPINIONS on law, not decrees, orders, or rulings. The Executive should be free to accept or reject the OPINIONS of the Judiciary.

-PJ

[ClaireSolt]

I think that people who could have averted the wrenching melodrama of the last week failed to have the wisdom to see how hard it would be to watch. Among others, that includes the lawmakers of Florida and, curiously, the people of Pinellas county that relected judge Greer in November. All of the state judges in Florida are elected, and he was reelected, even though this had been played out locally and in the state for years. It is really hard to believe that these people would be so locked into their positions that they would allow this controversy to be televised round the world.

[erea]

The most distressing aspect of Judge Birch's opinion is his view that the legislative and executive branches somehow acted unconstitutionally in intervening in the Schiavo case. This action may or may not have been constitutional but it was in fact enacted into law and until the constitutionality of that law has been challenged and adjudicated it is incumbent upon a federal judge to FOLLOW the law, not prejudge it in a current case. Shame on Judge Birch. Shame on the 11th Circuit. Maybe some remedial education re: the functioning of government is in order.

[Reactionary]

"Since I have sworn as have they to uphold and defend that covenant I must respectfully concur in the denial of the request for rehearing en banc. I conclude that this is unconstitutional, and therefore this court and this district court are without jurisdiction in this case under that special act and should refuse to exercise any jurisdiction that we may otherwise have in this case." So basically he says we don't have jurisdiction even though Congress passed a law granting them jurisdiction in this case. Congress granted them... That's what the whole thing was about two Sunday nights ago, was granting the federal system jurisdiction."

The arrogance of this postmodern nihilist staggers the brain.

The Constitution, you see, BELONGS TO HIM.