March 23, 2005

I Was Wrong. It Is Also About Demonizing the Judicial System

Yesterday I wrote that the Schiavo political sideshow was all about abortion. I was wrong. It is also about demonizing the judicial system.

When words like "shocked" and "outraged" are used to describe legal opinions that follow on the heels of extensive and near unanimous legal review, one has to wonder what is going on. One can disagree with a ruling. One can think it wrong. But these rulings of the Federal Court and the Federal Appeals Court are hardly shocking or outrageous. They are exactly what reasonable people would expect given the history of the litigation. Any other outcome would have been shocking, perhaps outrageous. So what is going on?

The political right has been assailing the judicial system for a long time and this is just the most recent such wholesale attack to come along.

I offer the following form the New York Times:

"Judge Whittemore has engaged in a gross abuse of judicial power," said Burke J. Balch of the National Right to Life Committee.
Richard Viguerie, the strategist behind conservative direct mailings, said, "It could be the opening shot in the Supreme Court nomination battle that we expect sooner rather than later."

Mr. Viguerie added, "It is very dramatic proof of what we have been saying: that the judiciary is out of control."

"Just because there is a judge somewhere in the world who would give an estranged husband like that the time of day tells you how bad the court system is," the Rev. Jerry Falwell said.
When the Supreme Court declined to hear an appeal rising out of the case on Saturday, Representative Tom DeLay, the House majority leader, had tough words for the justices: "When this tragic episode is resolved, the Supreme Court will have some serious questions to answer about its silence and arbitrary interpretation of federalism, but those questions will have to wait for now."

And Bush's comment according to Fox News:

President Bush told reporters when asked about the issue on Wednesday. "Now we watch the courts make their decisions."

And Hugh Hewitt said this morning:

Judicial contempt for the coordinate branches on this scale is simply staggering. Anyone defending this morning's majority or yesterday's ruling has to defend this disregard of Congressional action.

Just for the record, Judge Wilson, who dissented with the majority, was appointed by Clinton. Clinton also appointed Frank Hull who joined by Ed Carnes, a Bush appointee, in writing the majority Appeals Court opinion.

Of course, the attempt to demonize the court is part of the anti-choice strategy. So I may have been right all along. Should those who seek to demonize the court succeed it will be the most dangerous constitutional crisis since the civil war.

Posted by Duane Smith at March 23, 2005 10:58 AM | Read more on Current Events |

Trackback Pings

TrackBack URL for this entry:
http://www.telecomtally.com/mt/mt-tb.cgi/1093

Tags: