Schiavo Pro-Epilogue
Looking back on the last week, I think the fix was in when Judge George "Sheol" Greer defied congressional subpoenas last Friday and ordered Terri Schiavo's feeding tube removed anyway. That was the watershed event in this now-sadly concluding drama. It summed up just about everything:
1) that Greer was bound and determined to put Mrs. Schaivo to death, regardless of the law or higher authority;
2) that Greer does not *recognize* any higher authority than "me, myself, and I"; and
3) that he knew his counterparts on the federal bench would close ranks behind him in this astounding power grab, because, after all, they have the same imperious view of their role and power as he does.
Once the above is understood, it becomes day-glo obvious that Terri Schiavo never had a chance. As the old saying goes, "possession is nine-tenths of the law," and Judge Greer "possessed" Mrs. Schiavo and a determination to terminate her life. Short of sending in the national guard, her demise was a fait accompli. All this week's appeals have been exercises in futility.
In the bigger picture, the end result is that a state court judge, with federal court backing, has overridden the Congress and President of the United States - a veritable judicial coup de'tat of astonishing proportions. This answers the question of what would happen if the elected branches of government ever finally decided to have a showdown with the unelected branch: the Judiciary looked askance at the Legislature and Executive, like a knave coming before an absolute monarch to challenge him for control of his realm, snickered, and said, “Who the hell are you?”
This raises doubts about whether there is any means of reigning in these "robed despots." The Constitution gives Congress the power to limit appellate jurisdiction, but after this episode what reason is there to suppose that any federal court would comply with such legislation any more than Judge Whittemore did yesterday? Sunday's emergency legislation didn't leave any wriggle room, so Whittemore simply ignored the clear intent. And the Eleventh Circuit affirmed him.
The only other way to remedy this frightful problem - de-despotizing the courts - is completely stymied by Democratic obstruction, and Republicans might be weakening on their ability to exercise the "constitutional option" to end opposition filibusters.
The only glimmer of hope I can see for avoiding judicial oligarchy - or, rather, escaping it - is for the Schiavo outrage to serve as a catalyst for a massive pushback, for whom Terri Schiavo would be its Rosa Parks.
On the other hand, I can easily see the Republicans losing their stomach for this showdown, cutting, and running away, and collapsing in 2006, gutting the final biennium of the Bush presidency, with Mrs. Clinton warming up in the wings to succeed him by left-wing acclamation.
I guess time will tell.
Just as time is running out for Mrs. Schiavo.
And, ultimately, for us all.
1) that Greer was bound and determined to put Mrs. Schaivo to death, regardless of the law or higher authority;
2) that Greer does not *recognize* any higher authority than "me, myself, and I"; and
3) that he knew his counterparts on the federal bench would close ranks behind him in this astounding power grab, because, after all, they have the same imperious view of their role and power as he does.
Once the above is understood, it becomes day-glo obvious that Terri Schiavo never had a chance. As the old saying goes, "possession is nine-tenths of the law," and Judge Greer "possessed" Mrs. Schiavo and a determination to terminate her life. Short of sending in the national guard, her demise was a fait accompli. All this week's appeals have been exercises in futility.
In the bigger picture, the end result is that a state court judge, with federal court backing, has overridden the Congress and President of the United States - a veritable judicial coup de'tat of astonishing proportions. This answers the question of what would happen if the elected branches of government ever finally decided to have a showdown with the unelected branch: the Judiciary looked askance at the Legislature and Executive, like a knave coming before an absolute monarch to challenge him for control of his realm, snickered, and said, “Who the hell are you?”
This raises doubts about whether there is any means of reigning in these "robed despots." The Constitution gives Congress the power to limit appellate jurisdiction, but after this episode what reason is there to suppose that any federal court would comply with such legislation any more than Judge Whittemore did yesterday? Sunday's emergency legislation didn't leave any wriggle room, so Whittemore simply ignored the clear intent. And the Eleventh Circuit affirmed him.
The only other way to remedy this frightful problem - de-despotizing the courts - is completely stymied by Democratic obstruction, and Republicans might be weakening on their ability to exercise the "constitutional option" to end opposition filibusters.
The only glimmer of hope I can see for avoiding judicial oligarchy - or, rather, escaping it - is for the Schiavo outrage to serve as a catalyst for a massive pushback, for whom Terri Schiavo would be its Rosa Parks.
On the other hand, I can easily see the Republicans losing their stomach for this showdown, cutting, and running away, and collapsing in 2006, gutting the final biennium of the Bush presidency, with Mrs. Clinton warming up in the wings to succeed him by left-wing acclamation.
I guess time will tell.
Just as time is running out for Mrs. Schiavo.
And, ultimately, for us all.
posted by JASmius at 4:59 PM
<<< Home