Thursday, September 30, 2004

"Fatally Flawed"

That's Walter Weber's opinion of the recent Florida Supreme Court decision striking down "Terri's Law" in his column in yesterday's National Review Online:
Observers have criticized the decision as a frustration of the will of the people, as an exercise in judicial arrogance, and most disturbingly as a green light for the adulterous Michael Schiavo to seek yet another court order terminating the tube-feeding of his brain-damaged wife.

All true. Yet the decision is something else as well: It is an embarrassingly bad decision legally.

I have argued in the past that the court cases concerning Terri's Law are really all about judges protecting their life-and-death power and keeping their ability to make arbitrary rulings of "fact" safe from review.

Weber shows that the Supreme Court's decision is bad law as well as bad morality:

The Supreme Court's contention that "Terri's Law" gives the Governor an unwarranted ability "to interfere with the final judicial determination"?


What about the idea that, in Terri's Law, the legislature gives the governor "too much" discretion in carrying out a program?


It has become increasingly obvious to me and many others that the Florida judiciary consists of a singularly sub-par bunch of hacks, who don't even rise to the low standard demanded of ideologically motivated judicial activists.

Will the Federal courts step in and redress the wrongs committed against Terri Schiavo and her parents? We can only hope and pray.