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Judge Assails Schiavo Law
The Tampa Tribune ^ | 4/01/05 | ELAINE SILVESTRINI esilvestrini@tampatrib.com

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 ...


TOPICS: Constitution/Conservatism; Culture/Society; Government
KEYWORDS: felos; greer; judges; jurists; newbie; schiavo; schindler; terri
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To: sinkspur

Birch IS the one of most conservative on any appeals courts and I do not disagree with his assessment.


21 posted on 03/31/2005 10:06:26 AM PST by DollarCoins
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To: Kenny Bunkport

You must be right; I have worn myself out looking for an email contact even to the eleventh circuit, much less to Birch himself. I guess I will have to postal mail it, and hope I don't get audited.


22 posted on 03/31/2005 10:08:08 AM PST by Fantasywriter
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To: DollarCoins

It is possible to be "conservative" and wrong


23 posted on 03/31/2005 10:08:49 AM PST by traderrob6 (http://www.exposingtheleft.blogspot.com)
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To: sinkspur
Birch is one of the most conservative judges on ANY of the Appeals' Courts.

What the hell is a "conservative" these days anyway?

24 posted on 03/31/2005 10:08:58 AM PST by Kenny Bunkport
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To: DollarCoins

Isn't it possible that you and the august judge are wrong?


25 posted on 03/31/2005 10:11:18 AM PST by Kenny Bunkport
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To: Kenny Bunkport

Anything is possible. I do not believe we are wrong in this case. Please keep in mind I am speaking of his assessment made of "the legislative and executive branches of our government".


26 posted on 03/31/2005 10:15:23 AM PST by DollarCoins
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To: CzarNicky

Article II
The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Article III
The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour.

Vastly different requirements.


27 posted on 03/31/2005 10:17:09 AM PST by ALPAPilot
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To: Bigfitz

So I understand this is a pretty good judge overall. How he can think that the U.S. Constitution does not protect the life of Terri Shiavo from death via state-ordered neglect is incomprehensible to me. But whatever. May he then apply the same standard to EVERY other case. And may the liberal judicial-legislative agenda die right along with Terri Shiavo.


28 posted on 03/31/2005 10:18:34 AM PST by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: Bigfitz

Legislation by judicial fiat ALSO violates the separation of powers doctrine, but try and find a judge who objects to that (other than Robert Bork).


29 posted on 03/31/2005 10:20:55 AM PST by Spok
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To: Bigfitz
California Law Allows Euthanasia
30 posted on 03/31/2005 10:25:44 AM PST by TheDon (Euthanasia is an atrocity.)
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To: Bigfitz
I blame the EVIL liberal communist law professors in our colleges who brainwashing law students to ignore and walk all over the Constitution! They along with the ACLU have been very successful in accomplishing their communist agenda! Unfortunately these students become our future high ranking judges! Now, question being, WHAT THE HECK ARE WE GONNA DO ABOUT IT??!!
31 posted on 03/31/2005 10:33:40 AM PST by RoseofTexas
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To: Bigfitz

Coward. Could be that he was afraid if he actually heard or read anything from the parents; he would change his mind and Terri would still be living.


32 posted on 03/31/2005 10:35:16 AM PST by freekitty
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To: RoseofTexas

"I blame the EVIL liberal communist law professors in our colleges who brainwashing law students to ignore and walk all over the Constitution!"

Amen. This is a journey of a thousand miles. The first step is the rally Jim Robinson was talking about. Others, like me, who can't go there, can plan on how to get large numbers in their local areas informed. FReegards....


33 posted on 03/31/2005 10:37:44 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: Bigfitz
Freer said the public tends to react to the bottom line of court decisions, seeing them as either ``for Terri or against Terri.'' But he said it's important to be clear that judges have to be concerned with the Constitution.

What utter horse sh*t. If they really cared about the Constitution, they would allow the executive to enforce or not enforce their decisions, allowing the checks and balances to operate properly. If they cared about the jurisprudence of the founding era, they would allow juries to try law as well as fact, as no less an authority than John Jay advocated.

This guys is Pharisee who will go to hell and burn for everlasting, if he doesn't repent. May his post-stroke mind get bad enough for even other judges to recognize it.
34 posted on 03/31/2005 10:38:07 AM PST by farmer18th ("The fool says in his heart there is no God.")
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Comment #35 Removed by Moderator

To: LibFreeOrDie

There's your answer he went to Emory. As a Georgia Tech grad who was active in College Republicans, we considered Emory about as conservative as the trendy side of Boston.


36 posted on 03/31/2005 10:59:05 AM PST by edeal
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To: Kenny Bunkport
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?

You forgot the three most liberal justices of the past 50 years: Brennan (Eisenhower), Warren (Eisenhower), and Stevens (Ford).

37 posted on 03/31/2005 11:07:54 AM PST by Texas Federalist (If you get in bed with the government, you'll get more than a good night's sleep." R. Reagan)
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Comment #38 Removed by Moderator

To: Texas Federalist

Yes, thank you. Stephens is one of the worst, the senile old coot. To be fair, there is Scalia and Thomas, but considering that we've had Republican Presidents for 24 of the last 40 years, I'm beginning to think depending upon the Republican Party to fix the courts is a vain hope.


39 posted on 03/31/2005 11:13:09 AM PST by Kenny Bunkport
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To: Bigfitz
His court, His opinion and therefore... His Law.

Let that be a warning to those of you who dare to question the edicts issued by our black-robed masters.

40 posted on 03/31/2005 11:16:00 AM PST by expatguy (http://laotze.blogspot.com/)
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