Re: Ideal System...Schiavo as an illustration
[ QUOTE ]
It is a standard judicial axiom that you do not interpret laws in such a manner that they will be rendered meaningless
[/ QUOTE ]
Right, and the law wouldn't be meaningless --- it would fit (as all new laws do) within the confines of larger processes and laws. The family could (and would) have had a full de novo hearing had they met the Temporary Injunction standards. You just want special new rules created for this particular case --- essentially asking for an activist court to ignore existing precedent and law. Fortunately, the judge's in this case have consistently had more self-control and integrity than their respective legislatures and executive branch actors.
|