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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: LibFreeOrDie
Was he in JAG? Would you know where he served in the Army the Shylock and I may have served together?
51 posted on 03/31/2005 3:48:54 PM PST by Bigfitz (The mind is like a parachute works best when open)
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To: Bigfitz

There's a picture of Birch here:

http://gaycitynews.com/gcn_332/takinganotherwhack.html


52 posted on 03/31/2005 4:04:12 PM PST by LibFreeOrDie (L'chaim!)
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To: mrsmith

Thank you, I am going to war with my congressman over this.


53 posted on 03/31/2005 5:31:50 PM PST by MileHi
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To: Bigfitz
His opinion accompanied a ruling by the full court refusing to hear an appeal by Schiavo's parents, who want her feeding tube reinserted.

Here's the thought that's been on my mind regarding separation of powers:

If we play word games like the Left does, then when did the power of the courts morph from issuing OPINIONS to issuing RULINGS or ORDERS?

If the Executive has the power of ACTING (executing), then the Judiciary issuing RULINGS is usurping the power to act reserved to the Executive.

There can be only one ruler in a Republic, and that is the elected executive. The Legislature makes law, the Executive enforces law, and the Judiciary offers OPINIONS on law, not decrees, orders, or rulings. The Executive should be free to accept or reject the OPINIONS of the Judiciary.

-PJ

54 posted on 03/31/2005 5:34:29 PM PST by Political Junkie Too (It's still not safe to vote Democrat.)
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To: LibFreeOrDie
Judge Birch would be tickled pink if he knew his picture and a Blog is in the "Gay City News" Perhaps you could send a copy to his Alma-mater
55 posted on 03/31/2005 7:13:23 PM PST by Bigfitz (The mind is like a parachute works best when open)
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To: Bigfitz; All
In Honor of Terri Schiavo.

Please let load -- it's 11 mb.

Have headphones or sound on.

56 posted on 04/02/2005 12:18:09 PM PST by the invisib1e hand (God rest Terri Schiavo. God save the rest of us.)
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