Rethugs' credibility gap grows as court rejects Schiavo case
Heh. Eat it, m*therf*ckers.
The legal struggle over the fate of Terri Schiavo is exposing what some see as a credibility gap for the Bush administration, Republicans in Congress and social conservatives who want to rid the federal judiciary of so-called activist judges and even strip them of authority.
"Congress' desire to get a particular outcome led it to invite the courts to be activist, and the judges have properly refused," said Douglas Kmiec, a professor of constitutional law and a former Justice Department official in the Reagan and first Bush administrations.
Harvard law professor Charles Fried, another Justice Department official under Reagan, accused Bush and congressional Republicans of backsliding on their long-standing commitment to states' rights.
In their intervention in the Schiavo case, the Republicans embraced "the kind of free-floating judicial activism, disregard for orderly procedure and contempt for the integrity of state processes that they quite rightly have denounced and sought to discipline for decades," Fried wrote in the New York Times.
"We have the Congress of the United States acting as if they can disregard the Constitution in its entirety to get the result it wanted."
"Congress' desire to get a particular outcome led it to invite the courts to be activist, and the judges have properly refused," said Douglas Kmiec, a professor of constitutional law and a former Justice Department official in the Reagan and first Bush administrations.
Harvard law professor Charles Fried, another Justice Department official under Reagan, accused Bush and congressional Republicans of backsliding on their long-standing commitment to states' rights.
In their intervention in the Schiavo case, the Republicans embraced "the kind of free-floating judicial activism, disregard for orderly procedure and contempt for the integrity of state processes that they quite rightly have denounced and sought to discipline for decades," Fried wrote in the New York Times.
"We have the Congress of the United States acting as if they can disregard the Constitution in its entirety to get the result it wanted."
-more here.
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