"Wresting jurisdiction from the state judiciary is an unprecedented usurpation, a travesty of the federal system, displacing the constitution with an ill-defined faith-based "culture of life", enthroning by edict theology above the law."
The whole tactic seems to be less to protect patient First Amendment rights than to energize the religious right to push for Bush's slate of ultra-conservative judge nominees now before Congress. Most of whom were already rejected once by Congress as either too extreme or underqualified to sit on the Federal bench. Certainly there was no real hope by Delay and Frist that the Congressional action to force the issue into the Federal courts (the Supreme Court rejected hearing the case THREE times) would succeed. (See http://www.nytimes.com/2005/03/24/opinion/24dowd.html ) The unprecedented attack on the Federalist concept of separation of powers could only serve to anger the Federal judiciary...and it did. But to their credit, the judges involved did not fall into the DeLay trap of denouncing the Congressional action in their opinions; a denunciation DeLay could have used to plump for Bush's judges. Instead the judges steered the course of rule by law, not emotion. Thus the Republican action may backfire with a split in the party between theological conservatives and old-style philosophical conservatives who are opposed to expansion of Federal jurisdiction and furiously object to the trampling of the States Rights concept, a key conservative mantra for decades, by downgrading the efforts of the Florida judiciary. That opposition to Federal action by the old-style conservatives may have been reflected in the Florida Senate where a 21 to 18 majority in that Republican-controlled body rejected legislation yesterday to take further action in the case. David Bier http://www.guardian.co.uk/comment/story/0,3604,1444470,00.html A confederacy of shamans The Republicans have cynical motives for trying to stop Terri Schiavo being taken off life support Sidney Blumenthal Thursday March 24, 2005 The Guardian The politics of piety were transparently masked by Republicans attempting to make capital over the fate of Terri Schiavo, the brain-damaged woman who has been locked in a persistent vegetative state for 15 years and whose feeding tube was ordered to be removed by a Florida state judge at the request of her husband. At last, the case that had been considered by 19 judges in seven courts and appealed to the supreme court three times, which refused to hear it, seemed resolved. But Republican congressional leaders and President George Bush seized upon the court ruling as the moment for "a great political issue", as a memo circulated among Senate Republicans put it. The Democrats, it declared, would find it "tough" and the conservative "pro-life base will be excited". The president, who had hesitated for three days before making a statement on the tsunami in December, rushed from his Texas ranch back to the White House to sign the legislation. Article continues The Schiavo case is unique among all medical cases, including 35,000 other people in persistent vegetative states. It is the only one in which the parents, who are not legal custodians, have been granted by an act of Congress and the president a federal court review of state court rulings. Wresting jurisdiction from the state judiciary is an unprecedented usurpation, a travesty of the federal system, displacing the constitution with an ill-defined faith-based "culture of life", enthroning by edict theology above the law. In 1999, as governor of Texas, Bush signed a state law permitting hospitals to cease artificial life support when doctors decide reasonable hope is gone, even if the patient's family objects. Now, two months into his second term as president, his major domestic initiative to privatise social security is doomed, his budget dead on arrival and his poll ratings down to 45% approval, his low point. His brother, Governor Jeb Bush of Florida, has campaigned for years on the Schiavo holy crusade and has hired a prominent religious rightwing leader as the lawyer to represent the state in the case. In their legal battle the agonised Schiavo parents have made themselves financial dependents of two conservative groups, one anti-abortion, the other whose stated mission is to "confront and challenge the radical legal agenda advocating homosexual behaviour". The Senate majority leader, Bill Frist of Tennessee, is a leading candidate for the Republican presidential nomination in 2008. For him, the Schiavo case is the beginning of the struggle for Bush's succession. A heart surgeon before his entry into politics, the nameplate on the front door to his Capitol Hill office reads "William H Frist, MD", and he signs correspondence "Bill Frist, MD". Amid the debate, after watching snatches of video tape of Schiavo, he proclaimed a diagnosis that she was not vegetative, contrary to the neurologists who have personally examined her. Several months ago, in a national TV interview on ABC, Frist refused to acknowledge that saliva and tears cannot transmit Aids-HIV, one of the shibboleths of the religious right. The house majority leader, Tom DeLay of Texas - thrice rebuked by the house ethics committee, who has paralysed the committee in order that it not consider new, more serious charges against him, whose closest aides are on trial in Texas for corruption, and who has taken measures to try to protect his power from being stripped if he is indicted - explained the Schiavo case as divinely inspired to rescue conservatives from martyrdom at a meeting of a rightwing group. "One thing God has brought to us is Terri Schiavo," said DeLay. "This is exactly the issue that's going on in America, the attacks on the conservative movement against me and many others... This is a huge nationwide concerted effort to destroy everything we believe in... and we have to fight back." Like Frist, DeLay plays doctor. "She talks and she laughs and she expresses likes and discomforts," he declared. "Come down, President Bush," said the anguished husband, Michael Schiavo. "Come talk to me. Meet my wife. Talk to my wife and see if you get an answer. Ask her to lift her arm to shake your hand. She won't do it." Terri Schiavo cannot speak or gesture, but to true believers, even though she is silent, she is making sounds only they can hear. They see what they want in order to believe, and they believe in order to see. For the first time public policy in the US is being made on the basis of pitting invisible signs versus science. As in tribal cultures, a confederacy of shamans - Bush, Frist and DeLay - have appeared to conduct rites of necrophiliac spiritualism. Only the shamans can interpret for the dying and control their spirits hovering between heaven and earth. The public opinion polls show overwhelming disapproval of the Republican position. But these polls are just so much social science. In this operation, for the tribe, there is no way of proving failure. · Sidney Blumenthal is former senior adviser to President Clinton and author of The Clinton Wars [EMAIL PROTECTED] ------------------------ Yahoo! Groups Sponsor --------------------~--> DonorsChoose. A simple way to provide underprivileged children resources often lacking in public schools. Fund a student project in NYC/NC today! http://us.click.yahoo.com/EHLuJD/.WnJAA/cUmLAA/TySplB/TM --------------------------------------------------------------------~-> -------------------------- Want to discuss this topic? Head on over to our discussion list, [EMAIL PROTECTED] -------------------------- Brooks Isoldi, editor [EMAIL PROTECTED] http://www.intellnet.org Post message: osint@yahoogroups.com Subscribe: [EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] *** FAIR USE NOTICE. This message contains copyrighted material whose use has not been specifically authorized by the copyright owner. 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