Posted on 03/31/2005 9:55:21 AM PST by Bigfitz
``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,'' wrote Stanley F. Birch Jr., a judge on the 11th U.S. Circuit Court of Appeals in Atlanta. His opinion accompanied a ruling by the full court refusing to hear an appeal by Schiavo's parents, who want her feeding tube reinserted.
(Excerpt) Read more at tampatrib.com ...
Birch IS the one of most conservative on any appeals courts and I do not disagree with his assessment.
You must be right; I have worn myself out looking for an email contact even to the eleventh circuit, much less to Birch himself. I guess I will have to postal mail it, and hope I don't get audited.
It is possible to be "conservative" and wrong
What the hell is a "conservative" these days anyway?
Isn't it possible that you and the august judge are wrong?
Anything is possible. I do not believe we are wrong in this case. Please keep in mind I am speaking of his assessment made of "the legislative and executive branches of our government".
Article II
The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
Article III
The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour.
Vastly different requirements.
So I understand this is a pretty good judge overall. How he can think that the U.S. Constitution does not protect the life of Terri Shiavo from death via state-ordered neglect is incomprehensible to me. But whatever. May he then apply the same standard to EVERY other case. And may the liberal judicial-legislative agenda die right along with Terri Shiavo.
Legislation by judicial fiat ALSO violates the separation of powers doctrine, but try and find a judge who objects to that (other than Robert Bork).
Coward. Could be that he was afraid if he actually heard or read anything from the parents; he would change his mind and Terri would still be living.
"I blame the EVIL liberal communist law professors in our colleges who brainwashing law students to ignore and walk all over the Constitution!"
Amen. This is a journey of a thousand miles. The first step is the rally Jim Robinson was talking about. Others, like me, who can't go there, can plan on how to get large numbers in their local areas informed. FReegards....
There's your answer he went to Emory. As a Georgia Tech grad who was active in College Republicans, we considered Emory about as conservative as the trendy side of Boston.
You forgot the three most liberal justices of the past 50 years: Brennan (Eisenhower), Warren (Eisenhower), and Stevens (Ford).
Yes, thank you. Stephens is one of the worst, the senile old coot. To be fair, there is Scalia and Thomas, but considering that we've had Republican Presidents for 24 of the last 40 years, I'm beginning to think depending upon the Republican Party to fix the courts is a vain hope.
Let that be a warning to those of you who dare to question the edicts issued by our black-robed masters.
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