Thursday, March 31, 2005
Wednesday, March 30, 2005
“BIRCH, Circuit Judge, specially concurring: I concur in the denial of rehearing en banc in this case because any further action by our court or the district court, would be improper, as I explain below.An axiom in the study of law is that “hard facts make bad law.” The tragic events that have afflicted Mrs. Schiavo and that have been compounded by the resulting passionate inter-family struggle and media focus certainly qualify as“hard facts.” And, while the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty.A popular epithet directed by some members of society, including somemembers 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. “
The good judge then writes a section entitled Pub. L. 109-3 and the Separation of Powers. Judge Branch gives a textbook recitation of applicable case law that the other 2 branches of government (read DeLay and Bushs et. al.) should read pronto before they take off on another such mis-adventure again.The Judge concludes with the following:
“By arrogating vital judicial functions to itself in the passage of the provisions of Section 2 of the Act, Congress violated core constitutional separation principles, it prescribed a “rule of decision” and acted unconstitutionally.”
Yes!!!!! Take that boys!!!
Tuesday, March 29, 2005
I've heard many people ask how is the Schiavo Circus in Florida being funded. The St. Petersburg Times has done a good job of following the money and bringing to light, what all have assumed. Right wing family values and right to life groups have given big time to keep the circus going. Many of these groups include explicitly anti-gay agendas such as the Alliance Defense Fund and Right March. But check them out for yourselves...really ....we should know exactly what we are dealing with here. The following is quoted from the Times:
- "Help Save Terri Schiavo's Life," read the top headline on Friday's home page of RightMarch.com. Just below the headline, a button allowed visitors to listen to 31/2 minutes of Schiavo seemingly moaning after her feeding tube was removed March 18. Below that, people were encouraged to "give an emergency donation."
"They're Going to Kill My Daughter Terri Schiavo Unless Good People Like You Help us Stop Them," writes Bob Schindler, Schiavo's father, in an Internet solicitation letter for the Life Legal Defense Foundation, which helped underwrite the Schindler family's legal fees.Donors of $100 or more can receive a videotape of Schiavo in her bed, as can anyone who promises to show the tape and the solicitation letter to friends."
- "What did help(the Schindler's financial problems) was a $300,000 donation several years ago from the Arizona-based Alliance Defense Fund, another "prolife" legal aid group. That money went to St. Petersburg attorney Patricia Anderson, then the Schindler family's lawyer, Cody said, though it didn't fully compensate Anderson for fees and costs of her three-plus years of work."
- Terrisfight.org is the Web site for the Terri Schindler-Schiavo Foundation, a nonprofit Florida corporation started in 2002 by the Schindler family. According to documents filed with the state, the foundation raises money to: help prevent her death, underwrite medical and neurological exams related to rehabilitation and care, increase public awareness of guardianship, marital infidelity and end-of-life laws and to lobby for greater parental rights under guardianship law.Bob Schindler is president, Mary Schindler is secretary; Bobby Schindler Jr. is treasurer, and Suzanne Carr, Schiavo's sister, is listed as director, though she got married earlier this month and is now Suzanne Vitadamo. In 2003, none drew a salary.The foundation's Web site includes videos of Terri, taken during court-ordered evaluations."
" It also asks for donations because the foundation "depends on the generosity of others to offset some of the expenses associated with protecting Terri. People can donate by credit card or check."
- "Lately, the Franciscan Brothers of Peace, based in Minnesota, have been raising money for the Schindlers' foundation. Because the Brothers are a religious order, people can donate, then claim a tax deduction, knowing the Brothers will forward the money to the foundation."
"Troy Newman, president of OperationRescue.org, said his organization's Web site, "has just been blossoming with e-mails and letters of concern" about Schiavo. "We are getting several hundred e-mails every day."
"Schiavo-related donations paid for motel rooms and other travel costs for trips to Tallahassee, Newman said, but nothing more. His group joined a loose coalition of 25 organizations called Voice for Terri, which ceased fundraising Friday because "all our options are gone. At this time we are praying and fasting," Newman said.
Any leftover money will be donated to the Schindlers, he said."
Michelle Malkin did the a cartoon quiz and found her true identity:
"Okay, I never usually link to these things. But we're huge
Incredibles fans (if you haven't seen the special DVD feature,
Jack-Jack Attack you must)
So, which Incredibles character are you?
Dahling isn't it Wonnerful to be me,
Self-loathing, Racist, Fascist.
Just won't listen to reason and facts
And paid to be on TeeVee to say any ol'
thing to further my career and pocketbook.
I love puppy furs. More Dead Puppies!
Thursday, March 24, 2005
Yes probably good advice but each time Mr. Freidman does this I ask is he a fool or an idealist? For it is absolute folly to think that a man who does not read newspapers, will even see, much lest heed Mr. Freidman's missive. And if Tom is an idealist, who thinks that some how W will have a "come to Jesus" moment with the New York Times, does he really think the president who laughs about a death row inmate's execution would ever get the wisdom of Washington turning the other cheek for the principles of the Revolution?
No, Mr Freidman, wake up and smell the coffee or the napalm in the morning. Advice columns and history lessons just won't work with this century's George W.
Tuesday, March 22, 2005
From the NYT:
Clyde Bellecourt, founder of the Minneapolis-based American Indian Movement, said he could not "remember anything as tragic as this happening" on a reservation.
"Everyone in the Indian community is feeling really bad right now, whether they're a member of the Red Lake or not, we're all an extended family, we're all related," he said."Usually this happens in places like Columbine, white schools, always somewhere else.
We never hear that in our community."
And white people always think it is something that only happens at black schools or poor schools or city schools. Perhaps it is time that Americans accept that we are a violent society and that this violence can happen anywhere and everywhere.
Monday, March 21, 2005
To "save" the life of a vegetative woman in Florida????
From a GOP memo we learn:
This is an important moral issue and the pro-life base will be excited that the Senate is debating this important issue.
This is a great political issue, because Senator Nelson of Florida has already refused to become a cosponsor and this is a tough issue for Democrats.
Read the rest at ABC news at: http://tinyurl.com/6xwgh