[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.