[goldstategop]

Au contraire. We simply restrained a lawless court that exceeded authority. To do that, we had to give Terri Schiavo's parents an impartial forum in which their case could be heard. Judge Greer was too thick-headed to step down and let another jurist review the case. Congress didn't by-pass the SCOTUS; it never ruled on the case at issue. I'll say it again: the judiciary is fully accountable to the elected branch of government. It pays their salaries and confirms them in their offices. Our courts are political animals and out of control. Ultimately, the only way to restore the separation of powers is to abolish judicial review and get judges out of the business of policy-making altogether.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[Borges]

Ultimately, the only way to restore the separation of powers is to abolish judicial review and get judges out of the business of policy-making altogether.

What would judges do then? Hamilton said in Federalist 78. that courts should have the power to declare laws void. In a non 'Marbury vs Madison' situation what would the role of the judiciate be?