 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.
One of them new fangled terms for bible-thumpers, holy rolling fundamentalists. I believe that's where annyokie is heading.
Yes, but I understand the rule of law.
Gondring, you've Goneroundthebend when you side with the likes of Cynthia Tucker rather than your conservative brethren.
(2) The Constitution is founded upon the presumption of basic rights of the citizenry, among those the right to life.
There is no right to murder and the state of Florida does not have any jurisdiction under the Constitution to give one citizen permission to murder another.
If it is no violation of federalism to regulate interstate commerce, for example, then it is hardly a violation to guarantee the life of innocent citizens.
Under the faux "federalism" and "constitutionalism" of the starve-Terri crowd, it would be acceptable for any state to decriminalize forcible rape if it saw fit.
The "federalist" arguments of Terri's murderers are ahistorical and completely disconnected from any American tradition of federalism.
I don't think you represent Catholics very well. I think Catholics are better people than that.
She's a lib and libs only get passionate during tax increases and big government spending. In essence, they have no passion.
It's an epithet used by unintelligent bigots in lieu of a rational argument.
It's folks like you that are making it impossible to post on this forum. I don't agree with you therefore I must be banned. This is turning into Kindergarten.
I suppose your post makes sense to someone who has never read the Constitution.
It's a new term to me. Never heard of it. Thought I had heard all the religious slurs against Christians there were!
Apparently a new bigoted term for Christians.
"Bible-beaters" and "Christers"? Perhaps you should go back and read the FreeRepublic mission statement written by Mr. Robinson.
I am not a bigot. I am a good conservative who is tired of being beaten over the head by "Christians."
Hey, sis, you don't like it, you and your Christie Toad Whitman RINOs can mosey on over to the 'Rat party where Christian 'n Jew bashing is as American as Apple Pie.
Annie, you are older than me. Don't pander, please.
Dan Rather reporting to you live......this is just incredible, folks......you won't believe this unless you see it.....can we pan over to the right, please....
There...there you have it, before your eyes....dogs...of all sizes, denominations, in a united front......protesting the alleged association with Judge Greer.
This is a sight to behold, folks......look...look...that Pit Bull has a sign that says......what ?, ok, I see it now.....the sign says, "Judge Greer, not only will I crap on your lawn, I'll eat your poodle the next time I see it!"
And over there....the weenier dog...."Greer, I fart in your general direction!"
Look at this.....the poodle says....."Judge Greer, how dare you attempt to drag my race down to this level!"
LVM
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