Monday, March 28, 2005

Killed by the courts

Columnist Thomas Sowell applies the hard gaze of reason on the judicial abortion that is the Terri Schiavo travesty in a piece in The Washington Times from which the following excerpts are taken:

Liberals have repeatedly used the talking point of how many judges have heard the case of Terri Schiavo. But that is as misleading as most of the rest of what they and the mainstream media have said.


There is no way federal District Judge James Whittemore could have examined this complex case, with its contending legal arguments and conflicting experts, from scratch in a couple of days, even working round the clock without eating or sleeping.

Judge Whittemore ignored the clear meaning of the law passed by Congress and rubberstamped the decision to remove Terri Schiavo's feeding tube.


As dissenting Judge Charles Wilson of the U.S. 11th Circuit Court of Appeals said, the "entire purpose of the statute" is to let federal courts look at the case "with a fresh pair of eyes." But, by the Circuit Court decision, "we virtually guarantee" the merits of the case "will never be litigated in a federal court" because Terri Schiavo will be dead. Never -- regardless of how many judges are counted as talking points.

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