Skip to comments.Judge Assails Schiavo Law
Posted on 03/31/2005 9:55:21 AM PST by Bigfitz
``In resolving the Schiavo controversy it is my judgment that, despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people - our Constitution,'' wrote Stanley F. Birch Jr., a judge on the 11th U.S. Circuit Court of Appeals in Atlanta. His opinion accompanied a ruling by the full court refusing to hear an appeal by Schiavo's parents, who want her feeding tube reinserted.
(Excerpt) Read more at tampatrib.com ...
That damned "judge" can kiss my royal Irish behind.
If inability to read the Constitution is not an impeachable offense it should be.
I'm glad this guy put his arrogance down in writing. He and Judge Greer can be the poster boys for the effort to hose out the judiciary.
I am trying, totally without success, to find an email address for Judge Birch. I've already written my letter to him -- I think it will hit him where it hurts -- but I would prefer to email it rather than resort to postal mail. If anyone can help, I would be very grateful; thank you in advance.
Yeah, I get it. The founding fathers wanted the judicial branch to be appointed for life, write its own laws, be untouchable, and utterly disregard the Constitution while claiming to love and defend it. Gee, why would the citizens possibly have a problem with that?
Judges hate it when Legislatures try to thwart the will of the courts by passing laws!
The "unfathomable human tragedy" is a judiciary completely out of control.
Where, oh where, are the pompous and condescending judges, when gun control laws are penned by the legislatures and signed by the executives? They don't exactly conform to the wishes of the founders nor the confines of the Constitution, but the judges are nowhere to be found.
AND THEY SAID IT COULDN'T HAPPEN IN THIS COUNTRY!!!!
I GUESS WE BETTER START LEARNING THE NAZI SALUTE...
WHAT A VERY VERY VERY SAD DAY FOR THIS COUNTRY.
The judicial branch needs an enema. Stick the hose through Judge McGreer's front door and wash them all into the Atlantic.
Here is my letter: Dear Mr. Birch: Your most recent opinion re: the Terri Schiavo case reminds me of a temper tantrum thrown by a spoiled, petulant child. After closely watching this case, I am beginning to think that most federal judges are immature children, romping around in black robes and DEMANDING the respect they ought to be EARNING. Shame on you.
"Judge Birch now argues that this court lacks jurisdiction to entertain this case due to constitutional infirmities in the legislation enabling federal review of this case. In particular, he identifies four provisions of the act that constitutel legislative dictation of how a federal court should exercise its judicial functions. Ante, at 9. I believe that it is fully within Congresss power to dictate standards of review and to waive in specific cases nonconstitutional abstention doctrines. Indeed, if Congress cannot do so, the fate of hundreds of federal statutes would be called into serious question. I wish to dispel any questions about our jurisdiction in this case. Under Article III, Congress has the power both to establish federal courts and, except as to the original jurisdiction of the Supreme Court, to make exceptions and regulations as to their jurisdiction. U.S. Const. art. III. The Supreme Court has recognized, at least in some contexts, that Congress also has the power to require federal courts to entertain causes of action they would not otherwise have entertained for prudential reasons."
"While I think that the plaintiffs have stated a plausible claim, I am not certain they will succeed on the merits. One reason for my uncertainty is the hurried pace of this litigation. To give the plaintiffs claims the reasoned attention they deserve, and to develop the certainty the law demands, we should rehear this case en banc. The United States Supreme Court encourages such caution in life-and-death situations, such as in its federal habeas jurisprudence. The Court has said that [i]f the district court cannot dismiss the petition on the merits before the scheduled execution, its is obligated to address the merits and must issue a stay to prevent the case from becoming moot when the prisoner dies. Lonchar v. Thomas, 517 U.S. 314, 320 (1996)."
Birch is one of the most conservative judges on ANY of the Appeals' Courts.
Dick Armey, former House Majority Leader, said, had he stiil been in Congress, he would never have brought the Weldon bill to the floor.
Does anyone else see a pattern here? Why is it that the worst justices (Harry "Kill 'em In the Womb" Blackmum; Anthony "Norwegian Law" Kennedy"; and this arrogant ass) are all nominated by Republican Presidents?
This guy needs to be impeached.
Birch, Stanley F. Jr.
Born 1945 in Langley Field, VA
Federal Judicial Service:
U. S. Court of Appeals for the Eleventh Circuit
Nominated by George H.W. Bush on March 22, 1990, to a seat vacated by James Clinkscales Hill; Confirmed by the Senate on May 11, 1990, and received commission on May 14, 1990.
University of Virginia, B.A., 1967
Emory University School of Law, J.D., 1970
Emory University School of Law, LL.M., 1976
U.S. Army Lieutenant, 1970-1972
Law clerk, Hon. Sidney O. Smith, Jr., U.S. District Court, Northern District of Georgia, 1972-1974
Private practice, Gainesville, Georgia, 1974-1984
Private practice, Atlanta, Georgia, 1984-1990
Race or Ethnicity: White
They keep their contact information as hidden from the public as possible. That's another reason they're considered "The Imperial Judiciary."