HOORAY FOR ACTIVIST JUDGES: The 11th Circuit Court of Appeals turned down yet another appeal by the Schindler family to review Terri Schiavo's case today. This is from the Atlanta Journal-Constitution:

In a strongly worded concurrence, Judge Stanley Birch said Congress overstepped its bounds in passing a law last week calling for the federal court to look at the case. He said the judges did not want to be "activist judges" by overturning Florida state law.
"Congress chose to to overstep Constitutional boundaries into the province of the judiciary," Birch wrote. "Such an act cannot be countenanced."
He said it was duty of the court to "conscientiously guard the independence of our judiciary and safeguard the Constitution, even in the face of the unfathomable human tragedy that has befallen Mrs. Schiavo and her family and the recent events related to her plight which have troubled the consciences of man."
Birch also implied that President Bush overstepped his bounds in signing the Congressional act.
"But 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," Birch wrote.

I think Birch really hit the nail on the head with that statement. The brilliant blog Simianbrain also made an excellent point that all these so-called "activist judges" were appointed by Republicans during their long reign in office. Keep in mind we've only had two Democratic presidents in the last 30 years, but since they aren't katowing to the conservatives and the Christian right cult, they are suddenly branded as "activists." It's obvious to many on the right, the Constitution isn't worth the paper it's written on, nor is the opinion of a progressive country that refuses to fall into lockstep with their God complex. Talk about drinking the Jesus Juice.

The Terri Schiavo case has gone way beyond her right to live and die. The case has been hijacked by the Christian right whack jobs who are using the media to spread the rest of their agenda. The right knows it can't save Schiavo at this point, so it's using the last 30 seconds of its 15 minutes to touch on every hot point issue, including abortion. Jesse Jackson decided to step into the mess because apparently he hasn't had his name in the papers enough lately. Sean Hannity, who hates Jackson and everything he stands for, was practically offering to blow him the other day on his radio show. The hypocrisy is blinding.

And while I don't want to speak ill of the Schindler family, who have obviously become unhinged in their grief and swayed by the fanatics like Terry Randall, but one day they tell the media Terri Schiavo is bleeding from the eyes and today her dad says she looks "darn good." Their statements about Terri and her state, both past and present, seem to change on a daily basis, obviously manipulated by Randall and the other whack jobs they've let into their lives. It's very, very sad that the Schindler family and Michael Schiavo is having to go through this. He's been vilified by the right as an abuser and an uncaring husband who is living in sin with another woman who had children with long after Terri fell into the coma.

Terri's mother made an impassioned plea the other day for Michael "to give my daughter back." That's a great soundbite, but a very bad idea. The Schindlers and their "advisors" have lost touch with reality. Leaving her to their care would not be in Terri's best interest. Hooking Terri back up to the tube as this point would be even more cruel and unusual. Doctors have said reinserting the feeding tube at this point would likely hasten her death.

In other news, Johnnie "if it doesn't fit, you must acquit" Cochran died yesterday from a brain tumor. I always liked Johnnie. If I had ever been accused of murder, I would have wanted him as my attorney. Indonesia suffered yet another earthquake on Monday that killed thousands more, but it had to battle with Terri Schiavo for airtime and the country's interest. One of the nation's top religious nuts, Jerry Falwell, was put on a respirator and Dope John Paul had to be put on a feeding tube this week because he is unable to swallow. Who says God doesn't have a sense of irony.


Free2Love said…
Would it be wrong to stand outside the Vatican with a sign that says, "REMOVE THE TUBE!" in a Shiavo-ish kinda way?

I think the protestors are on a non-stop flight from Florida to Italy, just in case there's a need for muscle flexing.

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