The Corner

Re: Schaivo

Here’s what I find fairly extraordinary about all of this. The Congress and President of the United States thought this issue important enough to drop everything and focus entirely on this single case in enacting legislation designed to address what they viewed as a matter of critical national importance. You are free to disagree with their assessment if you choose, but it strikes me as the height of judicial arrogance that the District Court and at least six of twelve judges of the Eleventh Circuit do not view the legislation enacted as sufficiently important enough to extend Terri Schaivo’s life a few days in order to allow a more careful examination of the issues in the case. The Justice Department’s theory of the case today was to request a short stay in order to more fully vent the issues. But the courts, in their infinite wisdom, saw fit to decide the matter in hours, based on hurriedly thrown together briefs and no more than a short argument before a district court. Sometimes I wonder about Marbury v. Madison.

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