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August 10, 2005

Roberts side with judicial activists

From the New York Times...

Terri Schiavo, the brain-damaged Florida woman whose case provoked Congressional action and a national debate over end-of-life care, became an issue on Tuesday in the Supreme Court confirmation of Judge John G. Roberts Jr. when a Democratic senator pressed him about whether lawmakers should have intervened.

The senator, Ron Wyden of Oregon, said that Judge Roberts, while not addressing the Schiavo case specifically, made clear he was displeased with Congress's effort to force the federal judiciary to overturn a court order withdrawing her feeding tube.

"I asked whether it was constitutional for Congress to intervene in an end-of-life case with a specific remedy," Mr. Wyden said in a telephone interview after the hourlong meeting. "His answer was, 'I am concerned with judicial independence. Congress can prescribe standards, but when Congress starts to act like a court and prescribe particular remedies in particular cases, Congress has overstepped its bounds.' "

Yet another reason to be uneasy about Roberts on the Supreme Court. Congress passed a law allowing further judicial review (which the courts promptly ignored) Congress simply expanded the standard, it didn't “prescribe a particular remedy” otherwise Terri would still be alive. That Roberts would side with the courts in that situation bodes ill for him being a legitimate Federalist and supporter of original intent. More and more he's looking like another stealth Liberal like Kennedy and Souter.

Posted by Danny Carlton at August 10, 2005 10:25 AM

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