March 23, 2005
Just So We're Clear
I'm very troubled about the Terry Schiavo matter. I keep wondering when the right's naked grab for power is going to fall on its face, when people are going to realize just how far we've swung, in large part because of the last election.
We have a system in place. For Congress to dictate to the courts - how is that not a violation of federalism, of the separation of powers? This case has been exhaustively run through the courts. Just because some of us don't like the result doesn't mean the system has failed. There is always a losing side in a court case (see Bush v. Gore.) It doesn't mean congressional and executive activists (that would be people like Tom Delay, Bill Frist, and the President) should write up run-around legislation to get the federal court to intervene. If the Schindlers had had a strong case, then they should have been successful in the state courts.
So the 11th Circuit Court (here in Atlanta) has denied the Schindlers' appeal; they're now requesting a review by a full panel of judges (rehearing en banc). Then it could go to the Supreme Court, if it chooses to take the case. I suppose it would have to, given the bloodcry from the right-wingers. It's appalling how far this has gotten, what a circus this has become. Now we have politicians invading our personal lives and telling us what to do.
In light of this, I've been thinking about putting my legal arrangements in order. (Yeah, we both have worked in the field, so it's ironic that we don't have such things established yet.) I don't want to be comatose, lingering for forty years. I don't want to be a vegetable. If my mind is gone, then I'm gone.