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Old 04-01-2005, 03:41 PM
KellyRae KellyRae is offline
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Join Date: Mar 2005
Posts: 37
Default Re: Ideal System...Schiavo as an illustration

"Fortunately, the judge's in this case have consistently had more self-control and integrity than their respective legislatures and executive branch actors. "

I also suspect that many judges see themselves in this same arrogant light. This is why many see the judiciary as being out of line. This case is yet another example of this. If the Florida legislature were to now enact legislation that provides for a "no will/no kill" standard in cases such as these (a standard other states have adopted), my guess is the SCOFLAW would see themselves as having authority to pass on the constitutionality of such laws which are plainly nonjusticiable.

The reputation that the courts are getting for "legislating from the bench" is well earned, notwithstanding the fact that some posters here seem to find such claims tiresome and overstated. Quite simply, they are not.
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