March 28, 2005

Hilary Bok: Hurray for the Judges in the Schiavo Case

Over at Obsidian Wings, Hilary Bok closes the case against conservative critics of the judges who have ruled in umpteen Schiavo decisions. Bill Kristol, Ann Coulter, Thomas Sowell, Alan Keyes, and on and on: they are all complaining about "judicial activism" in the Schiavo case - by which they mean not only that the judges have ruled outside the scope of their decisionmaking authority, but also that "this entire case is the result of renegade judges." And she points out that the critics of the courts are basically advocating that everyone and anyone rise up against the court system right now:
William Kristol, already quoted: "Perhaps it is time, in mature reaction to this latest installment of what Hugh Hewitt has called a "robed charade," to rise up against our robed masters, and choose to govern ourselves. Call it Terri's revolution."

John Gibson, Fox News: "So Jeb, call out the troops, storm the Bastille and tell 'em I sent you."

Bill Bennett: "It is a mistake to believe that the courts have the ultimate say as to what a constitution means. (...) It is time, therefore, for Governor Bush to execute the law and protect her rights, and, in turn, he should take responsibility for his actions. Using the state police powers, Governor Bush can order the feeding tube reinserted. His defense will be that he and a majority of the Florida legislature believe the Florida Constitution requires nothing less."

Ann Coulter: "As a practical matter, courts will generally have the last word in interpreting the law because courts decide cases. But that's a pragmatic point. There is nothing in the law, the Constitution or the concept of "federalism" that mandates giving courts the last word. Other public officials, including governors and presidents, are sworn to uphold the law, too. (...) Just once, we need an elected official to stand up to a clearly incorrect ruling by a court. Any incorrect ruling will do, but my vote is for a state court that has ordered a disabled woman to be starved to death at the request of her adulterous husband."

Alan Keyes: "When time is of the essence, necessity authorizes the executive to safeguard the security of the constitution before citizens and the polity suffer irreversible damage. Terri Schiavo's survival depends on Gov. Bush's faithful execution of this responsibility, and the survival of American self-government on the willingness of all those in a like position to faithfully execute the duties of their high office."

Elizabeth Farah: "Gov. Bush, you have the right to exercise your authority to save this woman's life. You have the authority to reject a corrupt judge's corrupt decision. Remember when the pharoah issued the order that all Hebrew male infants should be killed? What did Moses' mother do? She broke the law of the civil authority. She saved the life of her son. (...) Jesus says that yes, you will have many detractors – people who will revile you for doing the right thing, but you will be rewarded greatly by God."

It really is pretty incredible to read such venomous attacks on officers of the court, although of course not so much so as Congress taking on a single medical decision in late-night session. Hilary "hilzoy" Bok shreds the stupid conservative arguments, of course, but that will be small comfort to Michael Schiavo and 280 million other Americans who have fought so hard to allow Terry Sciavo some peace.

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