Thursday, March 24, 2005

Another Terri Schiavo post

DB has today's TS rant up.

I want to share my opinion about some of the "rule of law" topics.

First of all, the courts don't make law, nor do they have the sole responsibility for the interpretation and imposition of the law. The President swore an oath to uphold the Constitution. The 5th ammendment protects citizens from loss of life without due process. The 14th ammendment protects citizens from state laws that seek to deprive them of this due process. The federal courts review state court actions everyday. Remember, death penalty cases make it to federal courts all the time. The Supreme Court of the US has the ultimate authority to review state cases.

The Congress of the United States has the authority, granted by the Constitution, Article 3, I believe, to direct the jurisdiction of the federal courts. It is perfectly legal for the Congress to direct a federal court to review a state action.

The law passed by Congress required the federal court to perform a de novo review of this case. This is where the "rule of law" was flouted! The reviewing judge did not perform a de novo review, without deference to the state judges rulings, but simply reviewed the procedures and said there was no procedural reason to believe the family would prevail and refused to act. The judges responsibility was to review the facts of the case and render findings of fact, with regard to the opinions and findings of the state judge.

Another example of flouting the rule of law was when the state judge disregarded a Congressional subpoena. No judge has the authority to ignore a Congressional subpoena.

There is considerable disagreement among the nurses and doctors who have had contact with TS. There are numerous affidavits from those nurses and doctors that have been ignored by the courts. Numerous people have offered testimony that MS was interested only in getting rid of TS.

What's wrong with performing a PET scan or an MRI to look at TS's brain? Why won't MS allow this?

Read this by CodeBlueBlog.

Ann Coulter addressed this same issue better than I, in her usual irreverent manner:
As a practical matter, courts will generally have the last word in interpreting the law because courts decide cases. But that's a pragmatic point. There is nothing in the law, the Constitution or the concept of "federalism" that mandates giving courts the last word. Other public officials, including governors and presidents, are sworn to uphold the law, too.
As I've said before, you should read anything Thomas Sowell writes. Here, he said:
Terri Schiavo is being killed because she is inconvenient to her husband and because she is inconvenient to those who do not want the idea of the sanctity of life to be strengthened and become an impediment to abortion. Nor do they want the supremacy of judges to be challenged, when judges are the liberals' last refuge.