Posted on 04/12/2005 11:40:29 AM PDT by Tailgunner Joe
Authority, yes, but backbone, no! Dr. Frist needs to get out of the heart surgery business and try backbone transplants instead, if there is such a thing.
Here is the excellent, to the point dissenting opinion of Judge Wilson, of the 11th Cricuti court:
WILSON, Circuit Judge, dissenting:
I strongly dissent from the majority’s decision to deny the request for an injunction pursuant to the All Writs Act and the request for a preliminary injunction.
First, Plaintiffs have demonstrated their entitlement to a preliminary injunction. Second, the denial of Plaintiffs’ request for an injunction frustrates Congress’s intent, which is to maintain the status quo by keeping Theresa Schiavo alive until the federal courts have a new and adequate opportunity to consider the constitutional issues raised by Plaintiffs.
The entire purpose for the statute was to give the federal courts an opportunity to consider the merits of Plaintiffs’ constitutional claims with a fresh set of eyes. Denial of Plaintiffs’ petition cuts sharply against that intent, which is evident to me from the language of the statute, as well as the swift and unprecedented manner of its enactment.
Theresa Schiavo’s death, which is imminent, effectively ends the litigation without a fair opportunity to fully consider the merits of Plaintiffs’ constitutional claims.
We should, at minimum, grant Plaintiffs’ All Writs Petition for emergency injunctive relief.
First, I note that there is no precedent that prohibits our granting of this petition. Second, mindful of equitable principles, the extraordinary circumstances presented by this appeal require that we grant the petition to preserve federal jurisdiction and permit the opportunity to give Plaintiffs’ claims the full and meaningful review they deserve.
In considering this extraordinary case, I am mindful that “[t]he essence of In Bonner v. Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), we 1 adopted as
binding precedent the decisions of the former Fifth Circuit handed down prior to October 1, 1981. 12 equity jurisdiction has been the power of the Chancellor to do equity and to mould each decree to the necessities of the particular case. Flexibility rather than rigidity
has distinguished it.
The qualities of mercy and practicality have made equity the instrument for nice adjustment and reconciliation between the public interest and private needs as well as between competing private claims.” Swann v. Charlotte-Mecklenburg Bd. of Educ., 402 U.S. 1, 15 (1971) (citations omitted). Keeping those principles firmly in mind, “mercy and practicality” compel us to grant the relief requested.
From the 11th CC ruling (Wilson't dissenting opinion starts on page 11)
http://www.ca11.uscourts.gov/opinions/ops/200511556.pdf
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No, they can't. Greer apparently has the power to squash any subpoena issued by the US Congress. Afterall, Congress issued a subpoena for Terri, which Greer squashed without any consequences to him.
So, I guess the US Congress is only allowed to subpoena people, that Judge Greer won't veto.
Judge Greer -- the most powerful person in the US.
I hope the US Congress wakes up to this.
Greer defied the will of the US Congress, when he squashed their subpoena for Terri, and he also violated US Federal laws by not allowing Terri due process under the US Constitution.
He should be tried and convicted.
I haven't heard it discussed, and may have simply missed it, but it would seem to me that this is why the dems are going after DeLay now. I think they see him as a threat to their stranglehold on the courts, and their ability to legislate from the bench. If they can get him out of the way, or at least force him to put his efforts into defending himself, rather than reigning in the out-of-control judiciary, they may think they can retain control of the judges and courts.
http://tekgnosis.typepad.com/tekgnosis/2005/04/floridah_gov_an.html#comments
While I disagree about some of the comments re: culpability in the comments of this person I wasn't aware of this url he mentions at the end of the comments.
I think Congress should build a 50-foot section of federal highway to nowhere in Alaska, and give it its own traffic court. Staffed by very highly paid judges taken from elsewhere in the federal court system.
Here's a "two for."
Please call your Republican Congresspersons AND two U.S. senators and tell them to support Tom DeLay.
Get you Congressman's office number here: http://www.house.gov/ and tell them to support Tom DeLay.
Here's the "two-for" part:
While you are talking with your senator's office, to tell them to support Tom DeLay, please also tell them you want them to vote to end a filibuster by a simple majority as the Constitution requires.
If you don't know your U.S. senators phone number, you can find it here:
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Whether your U.S. senators are Republican or Democrat, please call them to vote to end the filibusters.
Add to the list: a statute defining the due process protections for life, liberty and property as including the right not to be deprived of any of them without a jury trial. (Which was, after all what the Founders and the framers of the 14th Amendment meant by due process.)
"It grieves me to criticize the President. We are blessed that his opponent lost the election, and millions around the world are in his debt. But in some matters he is not conservative enough, and in these times that's as bad as being not conservative at all. "
Well said!
read later
Great article! I like the writers ideas.
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