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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?

To: Proud_Infidel who wrote (677705)	3/31/2005 1:39:07 PM
From: Wayners	Read Replies (1) \| Respond to of 769670

Whats next denial of food and water to everybody in mental institutions and nursing homes?

To: Proud_Infidel who wrote (677705)	3/31/2005 2:23:30 PM
From: DuckTapeSunroof	Read Replies (1) \| Respond to of 769670

Federal Judge Condemns Intervention in Schiavo Case March 31, 2005 By ABBY GOODNOUGH and WILLIAM YARDLEY PINELLAS PARK, Fla., March 30 - A federal appeals court in Atlanta refused Wednesday to reconsider the case of Terri Schiavo, with one of the judges rebuking President Bush and Congress for acting "in a manner demonstrably at odds with our founding fathers' blueprint for the governance of a free people." ...Mr. Schindler and his wife, Mary, had asked the full United States Court of Appeals for the 11th Circuit on Wednesday to consider ordering their daughter's feeding tube reinserted. A three-judge panel declined to issue such an order last Friday, and after less than day's deliberation, the full court issued a 10-to-2 decision rejecting the latest request. An emergency appeal the Schindlers filed with the Supreme Court Wednesday night, asking that Ms. Schiavo's feeding tube be reinserted while they made further appeals, was rejected. It was the sixth time the court declined to intervene. The 11th Circuit court's decision, signed by Chief Judge J. L. Edmondson, was only a sentence long. But in a concurring opinion, Judge Stanley F. Birch Jr., appointed by the first President Bush in 1990, wrote that federal courts had no jurisdiction in the case and that the law enacted by Congress and President Bush allowing the Schindlers to seek a federal court review was unconstitutional. "When the fervor of political passions moves the executive and legislative branches to act in ways inimical to basic constitutional principles, it is the duty of the judiciary to intervene," wrote Judge Birch, who has a reputation as consistently conservative. "If sacrifices to the independence of the judiciary are permitted today, precedent is established for the constitutional transgressions of tomorrow." Judge Birch said he had not had time before now to consider the constitutionality of the law, which Congress passed and Mr. Bush signed before dawn March 21, because of "the rapid developments and sensitivities in this case." The 11th Circuit court considered and rejected several appeals from the Schindlers last week after Judge James D. Whittemore of Federal District Court in Tampa denied their motions. In particular, Judge Birch wrote, a provision of the new law requiring a fresh federal review of all the evidence presented in the case made it unconstitutional. Because that provision constitutes "legislative dictation of how a federal court should exercise its judicial functions," he wrote, it "invades the province of the judiciary and violates the separation of powers principle." David J. Garrow, a legal historian at Emory University who closely follows the 11th Circuit, said Judge Birch's opinion was striking because the judge was a conservative Republican, especially regarding social issues. Judge Birch wrote the ruling for a three-judge panel of the court last year unanimously upholding a Florida law that prohibits gay men and lesbians from adopting children. "This is a Republican judge going out of his way to directly criticize the Congress and President Bush for what they've done," Mr. Garrow said. Erwin Chemerinsky, a law professor at Duke University, said Judge Birch probably felt it important to address the constitutionality of the law because the opportunity might never arise again. "When Terri Schiavo dies, this law expires because it was only about her," Mr. Chemerinsky said. "This raised an important constitutional issue that could come up again, and he's saying it's important that some judge be on the record about it.".... nytimes.com Christine Jordan Sexton contributed reporting from Tallahassee, Fla., for this article. Copyright 2005 The New York Times Company