"One thing that God has brought to us is Terri Schiavo, to elevate the visibility of what's going on in America, that Americans would be so barbaric as to pull a feeding tube out of a person that is lucid and starve them to death for two weeks. I mean, in America, that is going to happen if we don't win this fight. This is exactly the issue that's going on in America, the attacks against the conservative group, against me and against many others. The point is, is the other side has figured out how to win and to defeat the conservative movement, and that is to go after people personally, charge them with frivolous charges."
Now this distraction has now grown even further. It has become a tool that some in the radical wing of the republican party think they can to use to make unprecedented changes in the way our nation operates.
Tom DeLay has sent out a call to action, and it has been taken up by fellow Texan. Sen John Cornyn, and Representative Chris Smith of New Jersey. All are talking tough, trying to create outrage in order to justify their goal; the neutering of one of the branches of government. Here, in a family's private tragedy, lies a weapon to be used to further damage the protections that the constitution and the courts afford us.
This was the battle of judicial activism, but now we have a new twist. This time the complaint is judicial INACTIVISM. No longer will the battle be defined over legal argument and the fine, but difficult to understand, points of law. It is now about power and control. The Republicans know what is best, and everyone will do as they say. The far right has long been intent on having the government control of aspects of individuals personal life. Court cited protections offered to individuals to shield them from the power of the government are denounced with regularity and passion. Now it appears that they think they have the last piece in place to make real change.
What is most interesting about this sudden development is that it proves they have no consistent view on how the court should operate. They decry so called activism, then denounce the courts for not being activist. This has further exposed their singular goal, the concentrating power and control into conservative hands. Now we have serious talk about attempting to end the practice of filibusters, the removal of judicial oversight of some laws and only those with seats in the republican caucus knows what else. Destroying the constitution, and the intent of the founding fathers is fine, as long as the Republicans get the control they desire. As Stanley Birch Jr. points out ( Bush 41 appointee judge ), their efforts were flawed and
"in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people, our Constitution."
It is clear, he understands the simple concept of the separation of powers. One of the core principles that our country was founded on and one that every American citizen should cherish.
The Houston Cronicle reminded Tom DeLay and us all of something that should need no reminding.
"We will look at an unaccountable, arrogant, out-of-control judiciary that thumbed their nose at Congress and the president," DeLay fumed after learning of Schiavo's death.
That was an amazingly preposterous and hypocritical statement from someone who not only reeks of arrogance himself but also, as the majority leader of the U.S. House, should know very well that it sometimes is the constitutional duty of the courts to "thumb their nose"at the other branches of government.
This bit from Agitprop, Those Damn Judicial Tyrants, is very good and worth a read