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March 30, 2005
Demonstrably At Odds

Many of us knew a long time ago (and have been shouting about it for ages) that the Bush administration and the current Congressional leadership are not on our side, but it's nice to hear it coming from a federal judge.

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."

The New York Times

Oh, snap! That's some pretty serious criticism. And this concurring opinion was written by a Bush I appointee.

"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."

Ibid.

Yes! Yes, yes, yes.

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."

Ibid.

Legal scholars have noted that these are remarkable statements coming from Judge Birch, a conservative Republican, particularly on social issues.

So, while I can't really get too enamored of the guy, considering his writing the ruling which upheld a Florida law prohibiting gays from adopting children (dick!), you take the victories where you can get 'em.

So, in this very specific instance, Judge Birch, I salute you.

For the rest of your career as far as I know, screw you.

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