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To: KDD

I was unaware of this. Is there a link to the information? This happened on 4/13?


140 posted on 04/16/2005 8:49:13 PM PDT by huck von finn
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To: huck von finn

http://www.ca11.uscourts.gov/opinions/ops/200511628reh2.pdf

11th circut...Judge Birch denounced, in no uncertain terms, the overreaching actions of the president and the Republican-led Congress:


"When the fervor of political passions moves the Executive and the Legislative branches to act in ways inimical to basic constitutional principles, it is the duty of the judiciary to intervene."

In resolving the Schiavo controversy, it is my judgment that, despite sincere and altruistic motivation, the Legislative and Executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people - our Constitution."

Noting that intervention in the courts by the executive and legislative branches in the Schiavo case imperils the separation of powers, Birch stated why the judiciary could not passively accept this brazen power grab:

"If sacrifices to the independence of the judiciary are permitted today, precedent is established for the constitutional transgressions of tomorrow."


169 posted on 04/16/2005 9:05:21 PM PDT by KDD (just the facts please)
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