Federal Courts No Guarantee for Terri Schiavo
While we need to applaud the noble attempt of Congress to buy some time for Terri Schiavo, moving her case to the arena of the Federal courts is not a guarantee that she will be spared.
The courts have become decidedly leftist and have usurped the role of the legislature, making law rather than interpreting law in light of the Constitution.
The Congress, with their good intentions in this case, will just reinforce that role by positioning the courts to be the final authority in this case. For some reason Congress is unwilling to take responsibility. This is reflected, not only in their deference to the courts but seen also in there constant “bipartisan” commission approach to resolving issues. Their thinking appears to be, “Now you can’t blame us. We’re just following the recommendations or directives, so vote us back into office.”
While there are many existing laws for disabled persons under which the Federal courts could rule in Terri’s favor, it is not a given, especially given the recent trend among leftist judges to go outside the U.S. to find laws that suit their fancy.
This is the reason the Florida Senate needs to act regardless of the Congressional actions. Certainly the Left will challenge this case in every venue, including State’s rights. This could be a good thing if the Florida Senate passes a pro-Terri bill. While the Left only likes State’s rights when it serves their agenda, legislation in place in Florida could have a mitigating effect.
So don’t think it’s over if Congress passes this legislation. It’s not over by a long shot.
But the beauty of it all is that this will focus the nation’s attention on the judiciary, which is the paramount domestic issue of this century.
Thanks once again Terri. God is using you in amazing ways. Way to go. Hang in there.
UPDATE: The American Mind makes a similar point.
Rep. Earl Blumenauer (D-OR) decided that those who want to prolong human life are “intolerant.”
Politically it’s a dumb move. The move ticks off the right-to-life crowd which is bigger and more organized than euthanasia backers. More importantly having a hearing in federal court doesn’t mean Michael Schiavo won’t still get his wish to have his wife die. All the bill would do is allow a federal court hearing. There’s no guarantee Terri’s parents would win.
http://myopiczeal.blogsome.com/2005/03/20/federal-courts-no-guaranty-for-terri-schiavo/trackback/
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