ENCOURAGING ACTIVISM: President Bush has endorsed the use of federal power to discourage so-called "activist judges," but in the Schiavo case, Bush and congressional conservatives passed "extraordinary legislation" exhorting the judiciary to intervene, a maneuver which "encourage[d] the sort of activism that they had long condemned." As the Washington Post's David Broder pointed out, "No one in the truncated congressional debate suggested that the Florida judges had been biased or negligent or anything but conscientious" in their evaluation of the Schiavo case. "The majority simply did not like the result of the case, and decided to intervene."
ABANDONING FEDERALISM: The result has been a "credibility gap for the Bush administration, Republicans in Congress and social conservatives." Charles Fried, a conservative Harvard law professor and former Reagan solicitor general, chastised conservatives for embracing "the kind of free-floating judicial activism, disregard for orderly procedure and contempt for the integrity of state processes that they quite rightly have denounced and sought to discipline for decades." He said Congress's intervention in the Schiavo case marked an "absurd departure from principles of federalism." Former Reagan and Bush I justice official Douglas Kmiec noted, "Congress' desire to get a particular outcome led it to invite the courts to be activist, and the judges have properly refused."
(This bit from me.)
According to recent polling from several credible news agencies, the opinion that Mrs. Schiavo should be kept alive is decidedly in the minority, even amongst conservatives and in "Red" states. Mrs. Schiavo no longer evinces any higher brain functions, based on her CAT and EEG scans. You took ICS173. There is no activity anywhere but the most basic portions of her brain. She's even failed a "swallow" test on three separate occasions (1991, 1992, & 1993). The soul of the woman that was Theresa Schiavo has either been gathered to God's bosom already, or is trapped in a shattered shell of flesh that can only be kept alive by the intervention of man playing God.
According to in-depth investigations conducted by the courts, the husband tried very hard to find a cure for her during the first seven years, and was obsessed to the point that the nursing home she was at asked for a restraining order against him. He kept checking and her and asking about her care, and they felt he has beginning to interfer with their operation. Mr. Schiavo even flew Mrs. Schiavo out to Florida to have a tiny device implanted in her brain in the hopes that it could stimulate her heurons and essentially jump start her higher functions. He's turned down several offers to pay him money to relinquish guardianship to the Schindlers and divorce Mrs. Schiavo (one notable one for $10 million and one more recently for $1 million). He only started dating after seven years, and only because the Schindlers, Mrs. Shiavo's parents encouraged him to and counseled him to get on with his life. He even made it a point to introduce the women he was dating to his in-laws, becuase he considered them family, and was up front with those women about his situation.
I think you need to re-examine the evidence in this case before making holier-than-thou judgements. The husband has been very stand-up for fifteen years. Congress, President Bush, and Governor Bush have abused their power in attempting to coerce the overturning of over 20 separate rulings by predominantly conservative, Republican judges. I'm personally very disappointed by any legislator that voted to pass that craptacular law, especially the Democrats.
no subject
ENCOURAGING ACTIVISM: President Bush has endorsed the use of federal power to discourage so-called "activist judges," but in the Schiavo case, Bush and congressional conservatives passed "extraordinary legislation" exhorting the judiciary to intervene, a maneuver which "encourage[d] the sort of activism that they had long condemned." As the Washington Post's David Broder pointed out, "No one in the truncated congressional debate suggested that the Florida judges had been biased or negligent or anything but conscientious" in their evaluation of the Schiavo case. "The majority simply did not like the result of the case, and decided to intervene."
ABANDONING FEDERALISM: The result has been a "credibility gap for the Bush administration, Republicans in Congress and social conservatives." Charles Fried, a conservative Harvard law professor and former Reagan solicitor general, chastised conservatives for embracing "the kind of free-floating judicial activism, disregard for orderly procedure and contempt for the integrity of state processes that they quite rightly have denounced and sought to discipline for decades." He said Congress's intervention in the Schiavo case marked an "absurd departure from principles of federalism." Former Reagan and Bush I justice official Douglas Kmiec noted, "Congress' desire to get a particular outcome led it to invite the courts to be activist, and the judges have properly refused."
(This bit from me.)
According to recent polling from several credible news agencies, the opinion that Mrs. Schiavo should be kept alive is decidedly in the minority, even amongst conservatives and in "Red" states. Mrs. Schiavo no longer evinces any higher brain functions, based on her CAT and EEG scans. You took ICS173. There is no activity anywhere but the most basic portions of her brain. She's even failed a "swallow" test on three separate occasions (1991, 1992, & 1993). The soul of the woman that was Theresa Schiavo has either been gathered to God's bosom already, or is trapped in a shattered shell of flesh that can only be kept alive by the intervention of man playing God.
According to in-depth investigations conducted by the courts, the husband tried very hard to find a cure for her during the first seven years, and was obsessed to the point that the nursing home she was at asked for a restraining order against him. He kept checking and her and asking about her care, and they felt he has beginning to interfer with their operation. Mr. Schiavo even flew Mrs. Schiavo out to Florida to have a tiny device implanted in her brain in the hopes that it could stimulate her heurons and essentially jump start her higher functions. He's turned down several offers to pay him money to relinquish guardianship to the Schindlers and divorce Mrs. Schiavo (one notable one for $10 million and one more recently for $1 million). He only started dating after seven years, and only because the Schindlers, Mrs. Shiavo's parents encouraged him to and counseled him to get on with his life. He even made it a point to introduce the women he was dating to his in-laws, becuase he considered them family, and was up front with those women about his situation.
I think you need to re-examine the evidence in this case before making holier-than-thou judgements. The husband has been very stand-up for fifteen years. Congress, President Bush, and Governor Bush have abused their power in attempting to coerce the overturning of over 20 separate rulings by predominantly conservative, Republican judges. I'm personally very disappointed by any legislator that voted to pass that craptacular law, especially the Democrats.