The Culture War on the Judicary Branch

[Kerrytravelers]

From Slate Magazine on MSN

<http://slate.msn.com/id/2115924/>

Judge Dread
The judiciary may end up the big losers in the Schiavo mess.
By Bert Brandenburg
Posted Tuesday, March 29, 2005, at 2:21 PM PT


Was Terri Schiavo's piteous ordeal a victory for the rule of law?

<snip>

Pinellas County Judge George W. Greer issued a steady series of rulings despite being targeted for electoral defeat and impeachment, compared to Joseph Mengele and other Nazis, and even threatened with death.

<snip>

But that isn't quite right. In fact, the Schiavo episode spells trouble ahead for the courts that protect our rights. The judiciary is fast becoming enemy No. 1 in the culture wars—and the side wearing the black robes is losing. The anguish over Mrs. Schiavo's nightmare is boosting a rising common culture of attacks on the independence and legitimacy of our courts. In Washington and far beyond the Beltway, this new war on the courts is being waged through legislation and political intimidation, fueled by special interest campaigns of rage. "Federal courts have no army or navy," warned Rep. John Hostettler late last year. "At the end of the day, we're saying the court can't enforce its opinions."

<snip>

Hostile members of Congress increasingly seek to reverse or forestall decisions they don't like by eliminating jurisdiction over important constitutional cases, shuffling selected lawsuits between state and federal courts, and choking off the discretion of judges to weigh evidence and law.

These efforts often come straight off the talk-radio dial.

<snip>

As the debate raged over a courthouse display of the Ten Commandments, a measure was written to deny federal courts the power to hear any suit involving a governmental official's "acknowledgment of God as the sovereign source of law, liberty, or government." And the recent California marriage decision reignited efforts to amend the U.S. Constitution in order to deny state courts the ability to interpret their own state constitutions.

<snip>

During the Schiavo case, House Majority Leader Tom DeLay warned that "no little judge sitting in a state district court in Florida is going to usurp the authority of Congress." And the latest best-selling screed against the judiciary—Men in Black: How the Supreme Court Is Destroying America—repeatedly accuses the courts of "tyranny" that make it "difficult to maintain a republic." Congressional leaders brag that they will "take no prisoners" in dealing with the courts and that "judges need to be intimidated."






You have to read the whole thing. It is truly terrifying

[rodeodance]

1. Whow--I did not realize that DeLay demeaned FL like this!!

.......During the Schiavo case, House Majority Leader Tom DeLay warned that "no little judge sitting in a state district court in Florida is going to usurp the authority of Congress." And the latest best-selling screed against the judiciary—Men in Black: How the Supreme Court Is Destroying America—repeatedly accuses the courts of "tyranny" that make it "difficult to maintain a republic." Congressional leaders brag that they will "take no prisoners" in dealing with the courts and that "judges need to be intimidated."

[Kerrytravelers]

2. It's bad. It's real bad for our Jusicial Branch right now.

[rodeodance]

3. next week--a meet up of Rights to "save America from the judges"!!

good god--this is beyond scary!!

.....Next week, such anticourt luminaries as Majority Leader DeLay, Phyllis Schlafly, and Alan Keyes will gather in Washington to lambaste "the Judicial War on Faith." Conference organizers call it "the beginning of a broad-based effort to save America from the judges."

[Pushed To The Left]

4. This is truly frightening

These people will do anything for power. Many of the judges they are declaring war against are conservative judges! What this war against the judicial branch proves is that the right wing doesn't care about constitutional law. They want to be able to pass anything they want with no checks and balances.

This is the real reason they smear civil liberties groups like the ACLU. The ACLU takes action in the courts, and the right wing doesn't want the courts involved.