Wednesday, March 30, 2005

Been Mistreated...

The 11th Circuit Court of Appeals, just a few hours after granting a hearing on the Schindler's petition to be reheard, denied their appeal.

The language of the opinion, most notably Judge Birch's concurrence is pointed directly at the other two brances of the Federal government, addressing the "activist judge" label. I can't imagine that the Court didn't see this as their result last night when they granted the family false hope.

Judge Birch finds "Terry's Law" unconstitutional, and goes into a lengthy discussion of the separation of powers. The opinion is essentially a thumbing of the nose at the other two branches, but specifically the Congress. The judge claims that a standard of review has been established in the new law, which is false. The law simply stated that Federal proceedings may take place without the rights of the parties being prejudiced by the state proceedings, not the standard by which facts are found. The biggest problem is that there is no discussion of whether this is a state issue (which it is), or a Federal issue--the most significant factor against the law.

Judge Birch's turf-conscious opinion ignores the real problem of the very well-intentioned Terri's Law, and instead reveals that these courts feel that they are a law unto themselves, free from pesky checks and balances.

But this ignores the larger fact that they emotionally strung along an already dejected family for the better part of a day in order to make a political point to the other two brances of government for whom they have no respect.


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