Re: Ideal System...Schiavo as an illustration
You speak of precedents where there are none - this is a unique case. And the law becomes meaningless without the grant of injunctive relief - news flash - Terry Schiavo will die without it, so what purpose in your mind is served by the law congress enacted last weekend?
Question: If congress passes a law requiring review of a death penalty case (which case was never reviewed by the federal courts in the first place) and a federal judge stays a state execution scheduled for a few days following the enactment of the new federal law using the logic of the dissenter in the Schiavo case - in your mind is that judge being an "activist" judge or following the law?
|