Wednesday, March 23, 2005

The Court Omnipotent

The Terri Schiavo case is a dramatic example of the unchecked arrogance of the court system in America today.

The Congress of the United Stated passed a specific law to grant Terri Schiavo a de novo review of claimed constitutional deprivations. A de novo review means: to start all over, to try the matter anew. The injunction sought to replace the tube while this de novo review took place. No deference to previous "finding of fact" was to be given.

Accordingly, these standards control whether temporary injunctive relief is warranted, notwithstanding Congress' intent that the federal courts determine de novo the merits of Theresa Schiavo's claimed constitutional deprivations. It is apparent that Theresa Schiavo will die unless temporary injunctive relief is granted. This circumstance satisfies the requirement of irreparable injury.

The Federal district and appeals courts effectively disregarded the intent of this new Congressional legislation and examined only proceedural law and the likely outcomes of the Schaivos requested relief. Instead of a de novo review as specifically mandated by the law, they simply skimmed over existing findings to reach their erronious conclusions. This violated both the specific language and intent of the legislation. They essentially acted dictatorially as if the new law did not exist.

In addition, their conclusion: "Notwithstanding these findings, it is essential that Plaintiffs establish a substantial likelihood of success on the merits, which the court finds they have not done." This is nothing more than a twisted and rather weak justification for ignoring the new legislation. The entire intent of the legislation was to grant Terri the opportunity to present evidence "anew" that could potentially change that paradigm. It's a ludicrous contention that someone show they can prevail before the grounds for prevailing have been submitted. It's a Catch 22 in the Twilight Zone.

Our founding fathers were correctly wary of the Judiciary. They intentionally gave the power of enforcement to the exectutive branch and the power of drafting law to the branch most accountable to the people (Congress). It now appears not only can the Judiciary unilaterally make law from the bench but they can nullify it as well. It's high time we invoke the precedent set by Andrew Jackson when he said "The Supreme Court has made their decision, now lets see them enforce it."

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