 Cynthia Tucker |
Posted on 04/03/2005 6:42:45 PM PDT by Gondring
Friends of Florida judge George Greer describe him as a low-key conservative Christian, a Republican, a family man, a dog lover. Appellate courts have found over and over again that Greer simply followed the law in deciding a sad and controversial case. But for that sin, the Pinellas County Circuit Court judge was invited out of his Southern Baptist Church.
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Apparently, Greer's critics, including his pastor, didn't like his rulings in the Terri Schiavo case, which landed in his courtroom in 1998. They wanted him to be an activist judge -- a jurist who ignored the law and ruled according to the passions of a group of partisans.
Ultraconservatives want you to believe the term "activist judge" applies to a group of determined liberals whose rulings have overturned historic precedent, undermined morality and defied common sense. But the controversy that erupted around Schiavo, who died on Thursday, ought to remind us once and for all what "activist judge" really means: a jurist whose rulings dissatisfy a right-wing political constituency.
Over the next few months, you'll hear the term "activist judge" often as President Bush nominates justices to the U.S. Supreme Court. The president could end up appointing as many as four. Chief Justice William Rehnquist, 80, is ailing with cancer; John Paul Stevens is also an octogenarian. Sandra Day O'Connor and Ruth Bader Ginsburg are cancer survivors in their 70s.
With so many likely vacancies, ultraconservatives see an opportunity to drive from the bench any semblance of fealty to the law or the U.S. Constitution. They claim that judges have become the tool of an outlandish liberal fringe that has violated the graves of the Founding Fathers. When right-wing talk-show hosts and U.S. senators denounce judicial activism, they conjure up images of jurists who terrorize the God-fearing, coddle criminals and would -- according to one crazed campaign memo passed around during last year's presidential campaign -- outlaw the Bible.
The next time you hear those claims, think of Judge Greer, whose politics tilt to the right. He is among the targets of ultraconservative ire.
For that matter, think of the current Supreme Court -- hardly a bastion of liberalism. Its justices declined to intervene in the Schiavo case because they could find no legitimate reason to do so.
While the rift between Michael Schiavo and his in-laws, Bob and Mary Schindler, is depressing, family conflict is almost a way of life in America. Courts are called upon often to settle family disputes over money, children and property. Florida law makes clear that a spouse has the right to decide end-of-life issues, and, after testimony from several people, Greer upheld Schiavo's claim that his wife didn't want to be kept alive through artificial means.
It is perfectly understandable that the Schindlers were unhappy with his ruling. As grieving parents, they wanted to believe, contrary to the judgment of several physicians, that their daughter might one day be miraculously restored.
But the attacks on the judiciary by the Schindlers' supporters -- including an attempted end-run by an activist Congress -- made it clear that a minority of religious extremists have no respect for the law and no understanding of the separation of powers on which this government was founded.
Among those who missed their high school civics class, apparently, were Congress and the president. In one of many rulings turning down the Schindlers' request for intervention, an Atlanta federal court judge chastised the executive and legislative branches for overreaching.
"Congress chose to overstep constitutional boundaries into the province of the judiciary. Such an act cannot be countenanced," wrote Judge Stanley Birch, who was appointed by former President George H.W. Bush. Hardly a liberal activist.
The current President Bush has already made clear that his idea of a model chief justice is Clarence Thomas, who has no respect for judicial precedent. But even Thomas might not satisfy the extremists who chastise Judge Greer. They will be satisfied with nothing less than a judiciary steeped in the same narrow religious views they want to impose on the nation.
Cynthia Tucker is editorial page editor for The Atlanta Journal-Constitution. She can be reached by e-mail: cynthia@ajc.com.
AMEN! ha.
You gotta be a Christian in a Box...and make sure its the right box.
Other than those two countries, I can't think of a single theocracy anywhere. Can you?
You don't look forward to the rule and reign of the Just Ruler of the Universe? Hhhmmmm, something tells me you aren't gonna like the alternative.
UH, the Arab countries.
Folks with Jesus in their hearts aren't into killing helpless disabled women.
Lets see you want states rights. Remember 1957, 1964,RICO laws and on and on and on.
Even for you that's quite a leap.
Thanks for the clairification.
"Technically" I can't think of a single theocracy on earth.
Annyokie- this is what the fight is all about. You can not support the rule of law and be on the side of Judge Greer. It is not possible. That is unless you think he has the power to make the laws up as he goes along. The ACLU and the Dems hope so- think so and want more of it. That is why it is called legislating from the bench. Judaical activists must not be allowed.
That is how the left plans to run the country without ever winning an election.
If you would rather be on the side of nonreligious , socialists and communists- that is your right. However I do not like the laws and rules of conduct they usually come up with.
The real question is whether or not the Hindus will get in line. They've already had a couple of Messiahs over the ages, and they're definitely going to be looking for a sign, and if they don't see it, things could get rough.
You have the inside track on that? Why are all those Muslim kids killing themselves for Allah? How do you know they are wrong and you are right? Whay did Aristotle insist that the only noble death was in battle? Who gets out alive in any aspect of life?
Sheesh! That's what I am talking about. There is no room to discuss a thing on this board anymore unless you trek off to the Smoky Backroom that used to be reserved for flamewars.
The irony of it being a safe-haven is killing all of the saniacs there.
If I want to go to a Prayer meeting, I can do that here in town. I thought we we here to talk politics and there was a religion forum for the other stuff.
Try some new wording, using the phrase "following Terri's wishes" instead of "murdering". Then rework your logic.
No evidence was presented that implied murder. Much evidence was considered regarding Terri's wishes, however. Mrs. Schindler was caught flat out lying to the court regarding statements Terri made. No wonder the judge believed Schiavo.
Not only that, I'm apparently a "Bible-beating" Buddhist.
I understand your hostility to the things of God....and your doubt as to the claims of Messiah. Been there, done that.
Thank you for your opinion, Cynthia. However, we have no use for it.
No, the Arab countries are NOT theocracies. They are THUGOCRACIES. Any religious leader who opens his yap a bit much disappears into the dictator's memory hole.
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