Tom DeLay extremely frustrated

In a polite way, in a public statement Cheney told DeLay to shut up about trying to get even with judges.

 

I am sure there was a way, without disregarding the separation of powers. I don't think Child and Family Services was utilized the way it should have been. THEY could have taken custody of Terri, without getting the Federal Government involved.

 

I think Jeb Bush directed them to get involved, but he was rebuffed by judge Greer.

 

http://en.wikipedia.org/wiki/Terri_Schiavo

"Florida governor and executive

Following the Supreme Court's refusal to review the case, Florida Governor Jeb Bush announced that he was going to investigate whether or not the Florida Department of Children & Families could take over Schiavo's care, on the grounds that the organization has the legal right to gain custody of incapacitated adults in emergency situations. On March 24, Judge Greer issued an injunction denying the Florida state government's right to take such an action. Governor Jeb Bush subsequently announced that he would take no action, because he had exhausted his legal options."

 

The media coverage of the Schiavo case has been designed to bury the real social, scientific and moral issues. If the American media were in any way serious about the implications of this episode, for example, it would have given the widest coverage to the comments Wednesday of 11th Circuit Court of Appeals judge Stanley F. Birch Jr., denying SchiavoÕs parents a rehearing.




Birch is considered one of the most conservative jurists on the federal bench, falling Òpretty squarely in the Scalia/Thomas camp,Ó notes constitutional expert David Garrow, referring to right-wing Supreme Court justices Antonin Scalia and Clarence Thomas. Birch was appointed by the first president George Bush in 1990. He has authored opinions upholding the right of Alabama to ban the sale of sex toys and FloridaÕs law prohibiting adoptions by gay couples.




In his decision, Birch went out of his way to condemn Bush and congressional Republicans for acting Òin a manner demonstrably at odds with our Founding FathersÕ blueprint for the governance of a free peopleÑour Constitution.Ó




Birch said Congress had no right to force federal courts to reconsider the Schiavo issue, asserting that the law pushed through Congress Òrobs federal courts of judicial doctrines long-established for the conduct of prudential decision making.Ó He argued, ÒIt is axiomatic that the Framers [of the Constitution] established a constitutional design based on the separation of powers.Ó




He cautioned, ÒAccordingly, we risk imperiling our constitutional design if we do not inquire as to whetherÓ the Schiavo law Òinfringes on the independence of the judiciaryÓ guaranteed by Article III of the Constitution. Birch placed in italics the following warning, ÒIf sacrifices to the independence of the judiciary are permitted today, precedent is established for the constitutional transgressions of tomorrow.Ó



I love it!!!

 

How unsurprising though that his beef is with the imposition upon judicial independence and authority and not upon the right to privacy of the nation's citizenry.

 

The judiciary is out of control. They have made themselves legislators instead of jurists, making law instead of interpreting it. I disagree with DeLay on many things, but the judiciary is in general not elected. They have crafted their own powers, and continue to do so. The congress is supposed to make law, the executive branch enforce it, and the judicial branch interpret it. Unfortunately, the judicial has been "interpreting" a little too broadly. The Constitution was written by geniuses and masters of the english language. There should be little need for interpretation, but there has been a lot, such as deciding law based on foreign precedent--clearly unconstitutional.

 

The legislators are trying to be adjudicators, with respect to the Schiavo case.

Now they want to impeach Justice Kennedy:

http://www.washingtonpost.com/wp-dyn/articles/A38308-2005Apr8.html

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