The 11th circuit just denounced congress and Bush

[AlCzervik]

in their ruling they stated that congress and Bush were doing exactly the opposite of what the framers intended and they also slapped them for saying "Activist judges" If i can get the ruling i'll post it.
http://www.ledger-enquirer.com/mld/ledgerenquirer/11268761.htm

[Dhalgren]

1. Is this the ruling on today's events?

I just can't keep track of it any more!

[Jersey Devil]

10. yes, there were 2 rulings today

About midnight last night they said the Schindlers could file a motion to have the appeal heard although it was late and past the deadline of last Saturday.

This afternoon they actually decided the motion and chose not to hear the appeal.

Case over - unless they go to the Supreme Court again.

[Guckert]

2. I guess they are tired of the constant bullcrap being thrown around by the

idiot patrol. Santorum on Hannity is ONLY blaming the "Clinton" appointee. it is F--ing hilarious.... he must have forgot that Greer is a Republican and the 11th circuit is filled with Reagan appointees, H.W. Bush appointees, and even "W" recess appointee. these idiots are despicable.

[Casandra]

9. Getting around

Did you notice Santorem <sp?> yesterday....? He made an appearance in front of the Hospice, mingled around with the 'folks' and made a statement of his usual rhetoric. This guy gets around!! Not surprised to find him on Hannity. Not surprised to find him turning virtually 'anywhere' from now on! Just wait till Terri passes... Be looking for his mug everywhere!

[grytpype]

3. Are you sure?

All I've seen is a one-page denial of the Schindler's petition for rehearing.

[AlCzervik]

5. yes, the appeal was filed and the court just came back and denied it

[merh]

24. Link

http://www.ca11.uscourts.gov/opinions/ops/200511628reh2.pdf

[wryter2000]

4. Way cool

Please post if you can find it.

[Floogeldy]

8. Here is the link

But I get an error when I try to view it.

http://www.ca11.uscourts.gov/opinions/ops/200511628reh2.pdf

[Willy Lee]

14. That is beautiful.

Smack down!!

(beautiful= the court smacking down congress and bush for being such idiots and not upholding the constitution).


:toast:

[mcscajun]

21. From the ruling:

A popular epithet directed by some members of society, including some members of Congress, toward the judiciary involves the denunciation of “activist judges.” Generally, the definition of an “activist judge” is one who decides the outcome of a controversy before him according to personal conviction, even one sincerely held, as opposed to the dictates of the law as constrained by legal precedent and, ultimately, our Constitution. 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. Since I have sworn, as have they, to uphold and defend that Covenant, I must respectfully concur in the denial of the request for rehearing en banc. I conclude that Pub. L.109-3 (“the Act”) is unconstitutional and, therefore, this court and the district court are without jurisdiction in this case under that special Act and should refuse to exercise any jurisdiction that we may otherwise have in this case.

[lasttrip]

6. not the ruling but article here..

"Birch went on to scold President Bush and Congress for their attempts to intervene in the judicial process, by saying: "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.""

http://www.ledger-enquirer.com/mld/ledgerenquirer/11268761.htm

[Generator]

11. AT LAST!!

Let's have THOSE words blasted across the homepage of CNN.

Like those propagandists give a crap about anything this county is really supposed to be standing for.

[AlCzervik]

13. Thank you!

[JordanTO]

7. Link: .pdf format

http://www.ca11.uscourts.gov/opinions/ops/200511628reh2.pdf

[Tace]

12. Link

http://abcnews.go.com/US/wireStory?id=626817

[thedevilinthedetails]

15. From the ruling:

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.

[NightOwwl]

18. Beautiful! n/t

[YankeyMCC]

26. "sincere and altruistic motivation"

My ass.

[bluedog]

16. schlinder web site down...too much traffic..........

http://www.terrisfight.net/

Better sell a few more videos of their daughter, or ask for an advance of the 6 mil they're getting for whoring, I mean, selling their daughter's story for a book and movie deal, since they can't pay to keep their website up and running.

[Generator]

17. Maybe they took the case for this very purpose

HA!

[sinkingfeeling]

19. Judge Birch is a G.H.W. Bush appointee!!

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

[AlCzervik]

20. Oh thats hilarious!!!!!

[caligirl]

22. When I read the words of judge Birch all I could say is W is a

bastard. I seldom ever have a desire or reason to use such inflammatory language, inappropriate language. But since that b****** came into office he has done nothing but usurp, corrupt, infringe, manipulate, and cause one crisis after another whether real or created by him artificially.

President Bush is a bastard.

[Skittles]

25. you know it caligirl

I have nothing but contempt for that gibbering piece of SHIT and I am so glad a real judge finally had the guts to SAY it in just so many words.

[Walt Starr]

23. It's from a special concurring opinion by Birch and does not declare

the law unconstitutional.

It puts the Congress and White House on notice, though, and builds the case law citations for declaring such legislation unconstitutional in the future.

[SoCalDem]

27. Damned liberal activist judges...

who were appointed for LIFE...by mostly republican presidents

:sarcasm:

[EFerrari]

28. This is just wonderful! Thanks for the post. n/t