 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.
They are entitled to their beliefs, even if they think I'm going to hell. I don't care. I don't get "hurt" or insulted by others' relgious beliefs.
Their beliefs may not be tolerant, but it's your choice to be intolerant.
I read the Bible. I think he is using the "bibler" term as a way some Christians flaunt the bible for personal or political gain or use scripture in lieu of discussion. I don't like that either.
And I would add the state government as well. What's interesting to me is that as a pro-life libertarian I find my support of the governements protection of TS and anyone unable to defend their rights completely consistent with the founder's vision.
I honestly don't understand the conflict with conservatives. Doesn't anyone remember the Civil Rights movement?
and as an American, I better believe what you do
I don't see that at all. I think you're projecting.
I understand the vitriol against those who follow Christ. You aren't the first, and you won't be the last. But something tells me your argument is really with Him, not me.
I'm going to bed. FReepmail me if anything interesting happens, please.
I was told by a poster that the Schindlers have to be made the enemy to help President Bushs' poll numbers. Also, if it's all their fault and they can be proven to be liars, it lets the congress off the hook because they were bamboozled by these manipulative parents.
Also, the medical term for starvation/dehydration is "terminal weaning". Sounds so much better.
I was merely trying to point put how some could support Terri's bill and not Gay marriage.
Trouble is, he didn't FOLLOW the law...he made his own. He IS an activist CINO - and he's gotta go
I understand there were impeachment petitions even before we all became aware of him.
I want to see a full scale investigation, state and federal. I am tired of the republicans letting things slide by
Any government that will not protect innocent human life is not a goverment worth supporting. You don't have to be a social conservative to know that simple truth, but it helps.
Social conservatives are not going to keep their mouths shut on this all-important issue whether it embarrasses you or not.
You really have no respect for religion do you?
Really? Wouldn't it be great to see about 12 courts in Florida shut down? Just for starters.....
The first impeachment petition I saw for Greer was three or four years ago.
Think about it. How are we supposed to know about all the instances? Do we have cameras installed in hospices and hospitals around the country? Unless there's a family dilemma, it won't even make the local news.
Your disingenuous dodging does nothing to change the issue. Now you know the facts. So, does the government have the authority to order you to not be fed, even by mouth? Yes or no...
Why would you hate morality or righteousness so much?
There are eternal truths about human nature whether you believe in God or not. Humans have both a good side as well as a bad side. When the good side of man and those truths that apply are ignored, liberalism sets in, and man kind begins to destroy itself. That's just the way it is.
The pinciple defended in one is the principle defended in all.
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