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March 31, 2005

11th Circuit Court of Sadism

Yesterday the 11th circuit court made the astonishing move of allowing the Schindler family to plead their case -- rather than dismissing them without hearing them as been their habit. The real reason came a few hours later when the court issued their sadistic reply.

In his opinion, Birch didn't discuss the merits of Schiavo's parents' arguments because he said he felt compelled to address the larger constitutional question of whether Congress had a right to force any reconsideration of the case.

Birch cited precedents at the core of the American government's structure, including the Federalist papers, published to urge ratification of the Constitution, and Marbury v. Madison, the 1803 Supreme Court decision that established the judiciary as the highest authority on the law.

Birch said Congress stepped into territory reserved for the judiciary when it passed the law directing federal courts to hear Schiavo's case without considering its state court history or traditional barriers to federal review.

The law "robs federal courts of judicial doctrines long-established for the conduct of prudential decision-making," Birch wrote. "Congress chose to overstep constitutional boundaries into the province of the judiciary. Such an Act cannot be countenanced."

To Birch, it's not about a woman dying -- it's about the hold he and other judges have over the nation in their unconstitutional grab for power. His decision, and those joining him, was based on their personal feelings about Congress allowing Federal courts to hear a case which involves denying the Constitutional rights of a US Citizen. The law allowed them to do so, the judges had no right to contest the law. They were duty bound to obey it. But these days judges make their own laws.

The Souprim Cort, later that day, denied the Schindler's appeal of the 11th circuit court's gloat.

coverage: Captain's Quarters, Outside the Beltway, BlogsforTerri, Ace of Spades, HyScience, CalBlog, Cait's Oz Blog (also here), Cao's Blog

Posted by Danny Carlton at March 31, 2005 10:35 AM

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