Posted on 03/30/2005 2:46:06 PM PST by grassboots.org
If Terri Schiavo finally perishes over the Easter weekend, the roar of fundamentalist rage will sound like the dawn of Armageddon.
Televised preachers will blame her demise on the Democratic politicians who did almost nothing to oppose the political intervention in her case. Right-wing pundits will denounce the tyranny of judicial activists, an elitist judicial oligarchy or just plain liberal judges. Republican politicians will urge that she be avenged by sweeping away the constitutional protection of the filibuster, so that the president can pack the federal courts with extremists and theocrats.
In a Weekly Standard essay titled Runaway Judiciary, Hugh Hewitt promoted that opportunistic theme. Hewitt predicted confidently that public fury over the Schiavo case will increase support for Senate Majority Leader Bill Frists plan to break the Democratic filibusters of judicial nominees and a backlash against any Republican who sides with the Democrats on the coming rules change vote.
While exploiting Schiavos tragedy for maximum impact, these opportunists probably wont dwell on the most salient political fact about those awful judges who have ruled so consistently in favor of Schiavos husband and against her parents. Most of those tyrannical jurists happen to be Republicans, too.
When the Supreme Court issued what should be the final decision in the Schiavo matter on Thursday, its nine members again unanimously rejected the parents plea for another review. The courts decision, issued through Justice Anthony Kennedy, scarcely went beyond the succinctly negative denied. None of the courts self-styled originalist thinkers issued a peep of dissent, although this was their fifth opportunity to do so.
Antonin Scalia, who has come closest to articulating an openly theocratic approach to jurisprudence, indicated no objection to the majority position. Neither did Clarence Thomas, whose views closely mirror those of Scalia. Their silence suggests the radicalism of the congressional departure from constitutional norms that was embodied in the Schiavo law passed by both houses of Congress and signed by the president. By turning away the Schindlers appeal, the Republican justices were simply endorsing the findings of their colleagues in the lower courts.
On cable television and on the Internet much has been made of the fact that U.S. District Judge James Whittemore who issued last weeks initial federal ruling in favor of Michael Schiavo is a Clinton appointee. By emphasizing that connection, as if the former president himself were deciding Terri Schiavos fate, the cable loudmouths were pandering to the old Satanic caricatures of the Clintons that still excite the ultra-right.
When the Schindlers appealed Whittemores decision to the 11th Circuit Court of Appeals in Atlanta, a three-judge panel rejected their plea for a stay. Of the two judges who ruled against the Schindlers, Ed Carnes is a conservative Republican appointed by former President George H.W. Bush, and Frank Hull is a moderate Democrat appointed by Clinton. The dissenting judge, who supported the Schindlers plea, was Charles Wilson another Clinton appointee.
That nonpartisan pattern became even clearer when the full 11th Circuit upheld that panels ruling. Of the appeals courts 12 active judges, only two dissented. One was the aforementioned Wilson; the other was Judge Gerald Tjofelt, a Republican appointed in 1975 by President Ford. The remainder, who evidently concurred with that Clintonite elitist Whittemore, included six Republicans: Reagan appointee and Chief Judge J.L. Edmondson; George H.W. Bush appointees Carnes, Stanley Birch, Joel Dubina, Susan Black; and, most ironically, William Pryor Jr., who was given a recess appointment by George W. Bush two years ago in the midst of controversy and filibuster by Democratic senators.
Pryor is the perfect example of the kind of appointee whose extreme views provoke the strongest liberal and Democratic opposition and whom the Republicans are determined to elevate by breaking the filibuster. He is a vehement opponent of abortion, an advocate of criminalizing homosexuality and a consistent supporter of theocratic efforts to breach the wall separating church and state. Although the competition is fierce, he is probably the most right-wing nominee chosen by President Bush.
Whatever Pryor may believe about the Schiavo case, he affirmed the silence of his fellow Republicans with his own. Like the views of Scalia and Thomas and most of Pryors Republican colleagues on the 11th Circuit, his opinion remains unexpressed.
Despite all the apocalyptic posturing of the far right on the cable channels, weblogs and editorial pages, the Schiavo case is a matter of individual conscience and adherence to law. Although the weight of scientific evidence supports Michael Schiavos position, Democrats and Republicans alike have acknowledged how troubling and difficult they find this issue.
Meanwhile, national polls show that the public disdains the hysterical posturing of the Republican leadership in Congress and the White House. Ultimately the Schiavo case may well change the debate over the filibuster, though not as imagined by the likes of Hugh Hewitt, if only because Senate Democrats finally muster the courage and determination to defend the Constitution and an independent judiciary.
This is not a Republican v. Democrat issue, but a liberal activist (theorist) v. constitutionally conservative (original intent) issue.
Flame me if you want...
I'm done with republicans.
I am ashamed of my country and horrified a woman is allowed to be tortured to death.
It has nothing to do with party affiliation. It has to do with judges taking on the mantle of Executive, Judiciary, and Legislature. Court of Star Chamber comes to mind.
Unfortunately, it's more likely the Republicans will protect the crooks in their midst. A look at Illinois, 1998-present, will show what happens then.
Earl Warren was a Pub.
Can anyone spell M-U-R-D-E-R! I blame them all, Republican, Democrat and judges. To think that the highest elected officials of the State of Florida and the United States, cannot act lawfully to save this womans life is absolutely ridiculous. For failing to act, to include not sending armed forces to protect an innocent person from a 13 day so far, public execution by cruel and unusual punishment is an act of cowardness. This healthy handicapped woman is openly being starved to death by the government. We have all heard that you cannot do this to a rat. What would happen if someone did this to an animal like a dog and had armed gaurds stopping anyone from intervening. The government would send an overwhelming force to stop it. We all know this is true.
Our elected officials ordered, not asked our troops to fight to the death for their cause. Our military does not have a cause, they follow orders. These same politicians say they are powerless to stop an American from being starved to death, on our own soil. What are we doing in Iraq! Is this what we are bringing to the Iraqi People and the world? This whole scenario has the smell of being preplanned. This must be the governments true answer to social security. What will history say of this cowardess act, by our elected officials? Will Nazism be replaced by Americanism?
There is still no answer that will satisfy everyone as a proper way to deal with this tragedy. It would have helped, if there were a signed advance directive.
However, there are some real villains in this case. No, it is not Michael Schiavo, nor the Schindlers. The real villains in this case are:
1. Randall Terry. The conclusion is almost inescapable that Randall Terry has been manipulating the Schindlers by leading them on with false hope for a recovery by Terri Schiavo. In other words, Randall Terry is exploiting the Schindler's personal tragedy, to further his own agenda. Randall Terry would seem to deserve the title of ghoul, and as Neal Boortz said, Randall Terry is a scumbag.
2. Louis Sheldon of the Traditional Values Coalition. When the latest controversy started, Sheldon saw it as an opportunity for fund-raising. Sheldon sent out a massive e-mailing and snail-mailing fund-raising appeal, begging for long-term pledges of fund-raising to 'Save Terri'. However, the facts are the case will be settled within days, not months. Furthermore, Sheldon's fund-raising will not help Terri Schiavo. Terri Schiavo's brain was damaged beyond all hope of recovery. Sheldon is another ghoul.
3. Jesse Jackson, aka 'Jesse Jackoff'. His actions are so transparent, they are absolutely pathetic. Jackson jumped into the controversy, simply to further his own power and solicit fund raising (to further his own fortunes). Jackson is also a ghoul.
I feel sorrow over the Shindler's loss, but that does not excuse those who are exploiting them.
Not a single branch of government has the guts to intervene. What does that say about "we, the people?"
BUMP - impeach the bad ones, no matter what colors are flying.
Oh, puhleeezzz! There is no constitutional protection of filibusters. Joe, have you ever actually READ a copy of the Constitution? I've got a $100,000 reward for you if you find the word filibuster anywhere in an original text of the Constitution.
Are these the eyes of somebody not there?
This is the video that should be shown on the news everynight - it is even more powerful than the balloon video.
http://web.tampabay.rr.com/ccb/videos/Terri_Big_Eyes.rm
You need Real Player to watch this, available free on the internet.
This is not reflex action - she heard the doctor, she opened her eyes as wide as she could to impress him.
Even Fox news has ignored this clip.
i'm beginning to agree with you ... the "camera hogs" are benefitting themselves, even if the shindlers are taking some comfort in having support. there is also little medical debate that without her cerebral cortex, terri shiavo is "gone" in the sense of anything we consider uniquely human in the physical realm: communication, cognition, reflection, etc.
some groups are genuinely concerned about withdrawing life support on the basis of "quality of life" issues.. brain waves do not register from an embryo until a few weeks into gestation, until then are they "lesser" lifeforms?
it was also disturbing to see the memo circulating among repub. senate staff that pointed out the political advantage in taking up the terri shiavo cause in light of sen. nelson's (d-fla) vulnerability in 2006. it would be gratifying to see the repub. congress stand up (in spite of the recent polling results) to the courts.
put up or shut up. where is the political resolve from the POTUS that bucked world opinion and invaded iraq? why can't the POTUS or jeb show some resolve here?
SCOTUS knew it was pretty much useless because even if they sent this back to the 11th, the 11th would merely send it back to the Florida federal judge who has already shown bias.
SCOTUS is standing on the fact that this is a state issue, and the Florida legislature has already refused to do anything about it. Unfortunately, Terri's lawyers were so bad they failed to frame this in a manner that would have allowed SCOTUS to step in. They can not rewrite the pleadings for an inept attorney.
The worst thing that happened is that some really good conservative attornies were not sought out. Instead, the Shindlers depended on those who were in over their heads. About the time that some would have stepped forward to do the work pro-bono, people like Randall Terry, Larry Klayman, and Keyes stepped into the picture and everybody else backed away.
She had her due process, no therapy since 1993, no brushing her teeth for 5 years, no medical treatment, no natural light etc..... Problem is she wouldn't die, so our loving government had to step in and process her death.
fine fine post
Newbie! That memo was a fake! It was not a Republican memo. Some believe it was a democrat plant.
You have just uttered the ugly truth. The Supremes could not do anything because reversing judicial error makes them look bad. So, they rubber stamp nearly every bad decision of the lower courts, that way the attorneys will be able to quote the error ridden cases in support of further undermining the Constitution. We have the 5th column boys in black bathrobes.
The results of an electroencephalogram were a flat line, no brain activity. That is another symptom of the cerebral cortex being gone.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.