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Thursday, March 24, 2005
 
LAW SCHOOL CHRIS (LSC) ON SCHIAVO

While it has been fun to see TJ play Mike Tyson to Anon's Peter McNeeley. It is obvious that the Neo-Con movement has won the war. The shill cries of Anon, George Soros and the remainder of the hysterical left's Moonbat Brigade - while amusing - and tempting bait for a through rhetorical bashing (which was administered - repeatedly) take our eye off the new battle being waged by the conservative movement.

Abroad, freedom is on the march - to put it simply - the good guys are winning and so long as Republicans keep winning elections freedom will continue to spread throughout the globe.

But what is the point of creating freedom abroad if we lose our freedom here?

By the time you read this - Terri Schiavo may be dead. At this point, her life and the struggle over it are academic. It sounds cruel - but we will never know what is or was in Terri's heart. Are her parents right to think that she would want to live an existence so many Americans find repulsive and cruel or is her 'husband', now living with another woman and her children, the man who, according to two nurse's sworn depositions asked, "When is that bitch going to die?", to be trusted with her final wishes?

There are no right answers to these questions. But there is something that can be taken from this story. Freedom isn't just about a woman in Afghanistan who can go to school, a man in Iraq who can vote or allowing all of us to decide how we can invest our retirement money, it's about the freedom we as Americans have and how much power our unelected judiciary has over us and our elected representatives.

Life is special and precious and allowing one Florida state judge to rule on the facts of this case, the ability to decide life and death issues is scary.

There are no two ways around it. Nineteen other state judges have ruled, but only on the law, which is clearly in Michael Schiavo's favor. Only Judge Greer has injected himself into this personal decision and decided that Terri Schiavo does not want to live.

I am for the death penalty. It's not something I take lightly. Sometimes people, through such heinous actions forfeit that right to life. But we should compare the process we afford to murderers to the process that was awarded to Terri's family. The courts have concluded that Terri should be left to die, despite the fact that appeals are still winding their way through the courts. The political message is obvious - like Michael, they just want that "bitch" to die. The sooner she does, the sooner the light that has been shown onto the darkest corner of the judiciary and into Judge Greer's courtroom will recede.

When Congress subpoenaed Judge Greer, effectively removing him from the case, he thumbed his nose at them and continued to issue rulings. When they requested a de novo review from a Federal District Court Judge, he ruled on the previous rulings and a Circuit Court affirmed. There is a statute explicitly allowing the Governor of Florida to take control of Terri. When Governor Bush decided to invoke the statute, Judge Greer threatened to hold the Governor in contempt if he did. Remember that - he would hold him in contempt if he enforced a law explicitly as it was written.

That's not only scary - it's just plain wrong.

The collective desire of the judiciary to swiftly put this woman to death has been stunning. We consider the three branches of government equal. But what can be deduced when Congress exercises its power and it is ignored, Congress passes a law and it is broken and a Governor seeks to enforce a statute and he is threatened with legal sanction. The myth that the judiciary respects the power of the Congress, the President and the States seems to be at an end.

An injunction would only allow this case to wend it way through the federal system, her parents might fail, but they could rest knowing that more than one judge had looked at the facts and decided that the test created by the people of the State of Florida to strip Terri's life from her had been met.

So far, the judiciary will not grant this simple request.

Tonight the power of the judiciary has been challenged and Terri Schiavo's death must be hastened to preserve it.

We must ask ourselves - when we go to the polls, when we elect our leaders, how much freedom do we have - and how much does the un-elected judiciary have over us?

-LSC


I hope I am wrong, but with that attitude, I don't think LSC is on the fast track to law review.


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