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Schiavo: Court Rescinds Hope

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After agreeing to consider an emergency bid by Bob and Mary Schindler for a new hearing in their case late Tuesday night, 15 hours later the Atlanta-based 11th U.S. Circuit Court of Appeals said “just kidding.”

“Any further action by our court or the district court would be improper,” wrote Judge Stanley F. Birch Jr., a GHW Bush appointee. “While the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty.”

He also took a slap at the current executive and legislative branches of government. “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.”

Burn.

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About Eric Olsen

  • http://notesfromnancy.blogspot.com NancyGail

    What did you expect? They only agreed to consider the appeal.

  • http://selfaudit.blogspot.com Aaman

    Do you have a link for the opinion, Eric?

  • gonzo marx

    here’s one Pun suitable to the situation..Quote me if ya like..but i want credit..

    “death is the Period of life’s sentance”

    Excelsior!

  • http://www.whiterose.org/michael/blog/ Michael

    Yep, I think this is judicially appropriate. “We won’t turn you down on a technicality over late filing, but we will respond to the merits of the case.”

    I wonder if the intent of the federalization of this by the Congress was to create a constitutional challenge and thus tie up the resolution of this matter while that was adjudicated. If so, the judiciary sidestepped that by just ruling on the cases

    My current expectation is to see this example of judicial restraint dragged out as an example of “Activist Judges” in 2006.

  • Eric Olsen

    interesting thoughts, added the link to the opinion Aaman, sorry about that

  • Eric Olsen

    not sure why they bothered with the tease, though, but I guess, as Michael said, they didn’t want to do the final shut-down on a technicality

  • Tristan

    and remember :

    we were all born dying ……..

    we just don’t know when.

    period.

  • http://www.roblogpolitics.blogspot.com RJ

    Oddly enough, bigoted right-winger Hal Turner has two good before-and-after photos of poor Terri lying there, starving to death…

  • http://www.roblogpolitics.blogspot.com RJ

    Oh, crap.

    Try this

  • Tristan

    you were prophetically RIGHT—
    no pun intended intentionally!

    that WAS total CRAP on that horrid
    Hal Turner site—
    he is saying the Bible advocates going up to Michael Schiavo and putting a gun to his head and shooting him point blank—to solve the problem of Terri Schiavo…and that her father is a coward because he won’t “do that” …?????

    And Hal turner says that “turn the other cheek” was only meant for the apostles…????

    Where on earth–or mars of uranus, does Hal come up with that???
    (or ANY of his total bullshit fanatical insanity!!!!) —
    this stuff is awfully close–if not right there on the ILLEGAL line! I do believe advocating that someone go up and shoot Michael Schiavo point blank in the head and kill him is a great way to show people how to save life ….not hypocritical in the least, eh ????

  • http://www.tiffanytrott.com T-Square

    Damn, that Hal Turner site just “Turner’d” my stomach.

    Yeah, the solution is to put bullets in people’s head who don’t agree with your thinking/ideas?!?!?!

    Buddy boy has some intense hatred going on there…

  • Eric Olsen

    that is the line where “right to lifers” cross the line and go insane and become dangerous. He may not mean it literally, but not everyone who reads it will know that

  • http://w6daily.winn.com/ Phillip Winn

    Turner is delusional. Everyone has a right to free speech, but sometimes I think certain people ought to be followed around by a cop 24/7.

    ANd yeah, I know, that’s not right either. But Turner is six kinds of wrong.

  • http://www.roblogpolitics.blogspot.com RJ

    Oh, Turner is cracked. No question about it. Possibly dangerous too.

    But my link to his site was about the PHOTOS, not his twisted idealogy.