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An interesting article from a Black Robed Shylock whom is employed at his gig for life and doesnt have to answer (In his mind)to us mere mortals. I encourage the Executive and Legislative branches to act on the behalf of the Constitution and rein in these Demi Gods.
1 posted on 03/31/2005 9:55:21 AM PST by Bigfitz
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To: Bigfitz

That damned "judge" can kiss my royal Irish behind.


2 posted on 03/31/2005 9:56:45 AM PST by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Bigfitz

If inability to read the Constitution is not an impeachable offense it should be.


3 posted on 03/31/2005 9:58:21 AM PST by CzarNicky (The problem with bad ideas is that they seemed like good ideas at the time.)
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To: Bigfitz

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.


4 posted on 03/31/2005 9:59:16 AM PST by Kenny Bunkport
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To: Bigfitz

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.


5 posted on 03/31/2005 9:59:50 AM PST by Fantasywriter
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To: Bigfitz

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?


6 posted on 03/31/2005 10:00:10 AM PST by Excuse_My_Bellicosity (Proud infidel since 1970.)
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To: Bigfitz

Judges hate it when Legislatures try to thwart the will of the courts by passing laws!


7 posted on 03/31/2005 10:00:23 AM PST by Onelifetogive (* Sarcasm tag ALWAYS required. For some FReepers, sarcasm can NEVER be obvious enough.)
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To: Bigfitz


8 posted on 03/31/2005 10:00:34 AM PST by drpix
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To: Bigfitz
Judges ``must conscientiously guard the independence of our judiciary and safeguard the Constitution, even in the face of the unfathomable human tragedy that has befallen Mrs. Schiavo and her family

The "unfathomable human tragedy" is a judiciary completely out of control.

9 posted on 03/31/2005 10:00:48 AM PST by Kenny Bunkport
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To: Bigfitz

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.


10 posted on 03/31/2005 10:00:49 AM PST by coloradan (Hence, etc.)
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To: Bigfitz

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.


11 posted on 03/31/2005 10:00:58 AM PST by seawolf101
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To: Bigfitz

The judicial branch needs an enema. Stick the hose through Judge McGreer's front door and wash them all into the Atlantic.


12 posted on 03/31/2005 10:01:17 AM PST by Excuse_My_Bellicosity (Proud infidel since 1970.)
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To: Bigfitz

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.

Sincerely,


13 posted on 03/31/2005 10:01:30 AM PST by Fantasywriter
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To: Bigfitz
Most of the court ruled without comment, but why didn't the Tampa Tribune publish Judge Tjoflat's dissent?

"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 Congress’s 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)."

14 posted on 03/31/2005 10:01:41 AM PST by rhema
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To: Bigfitz
Birch, who was appointed to the bench in 1990 by the former President Bush,

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?

16 posted on 03/31/2005 10:03:29 AM PST by Kenny Bunkport
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To: Bigfitz

This guy needs to be impeached.


17 posted on 03/31/2005 10:03:41 AM PST by rllngrk33 (The UN is a worldwide criminal enterprise run by third world thugs with your tax $$)
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To: Bigfitz
Judicial Imperialism, plain and simple more here
18 posted on 03/31/2005 10:03:56 AM PST by traderrob6 (http://www.exposingtheleft.blogspot.com)
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To: Bigfitz

From http://air.fjc.gov/servlet/tGetInfo?jid=176

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.

Education:
University of Virginia, B.A., 1967

Emory University School of Law, J.D., 1970

Emory University School of Law, LL.M., 1976

Professional Career:
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

Gender: Male


19 posted on 03/31/2005 10:05:23 AM PST by LibFreeOrDie (L'chaim!)
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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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