Thursday, March 24, 2005

Imperial Judiciary

Both Rush and Laura Ingraham (who clerked for Justice Thomas) have been extraordinary in their support of Terri.

Rush and Laura have been particularly pointed in their challenge to our judiciary, as well as the sophistry being employed by those arguing that it is OK for Terri to be killed

I've expressed my concerns previously. Samples here, here, here and here.

Ken Masugi of The Remedy provides this interesting legal tidbit from a friend:

However, it is clear from the dissent that the All Writs Act gives federal courts power to issue an injunction in an unusual case like this without going into that test. Plus courts have inherent equity power. In addition, the district court judge and the majority on appeal keep invoking the "substantial likelihood" language of their precedents when in fact it is also taken to mean "substantial merit" which obviously is a lower standard.

Note that the original Senate bill included terms requiring the court to issue an injunction, but this was deleted at the insistence of Senator Carl Levin. As enacted the law says "may" issue the injunction.

The dissenting judge, Wilson, also noted the intent of Congress that the case be heard as a new trial, de novo. To effectuate the intent of Congress, and in view of the All Writs Act and its inherent equitable power, the court should grant the injunction.

Also note it was impossible for any of the judges to decide whether the case has substantial merit in such a short time, given the voluminous record.

The majority in the appellate decision make a number of nasty asides against the dissent, and also complain that a new trial would take months or years -- which they have no problem doing with appeals by death row inmates.

Clearly the majority is engaging in willful denial of Congress' intent; their opinion is written in a mean spirited, hair splitting tone....

Greer is simply a symptom of a larger disease infecting our judiciary including our Federal system including the Supreme Court.

Not only do our courts now make laws, but they thumb their nose at their two co-equal branches in Terri's case.

It will be interesting to see how the Supreme Court disses both the Legislative and Executive branches.

Unfortunately, I have little doubt they will disappoint me.


Hugh Hewitt also shares his exasperation here and here.


I've yet to be convinced that Greer is corrupt, but I do believe he possesses an arrogant pride unbecoming of a judge.