Enquiring Minds Want To Know
According to NBC DeLay wants panel to review role of courts
, which means he doesn't know enough about the laws he passes to understand what happened in the Schiavo case.
The situation is simple: The elected Republican judiciary of the state of Florida complied with the laws enacted under the elected Republican legislature and enforced by the elected Republican executive in accordance with the constitution of the state of Florida.
The majority Republican Federal judiciary at the district, circuit, and Supreme Court level also ruled in accordance with the law and the US Constitution.
Why didn't they intervene and require a feeding tube re-inserted - because Federal law and precedent sets a high standard for intervention. If Congress had acted before the feeding tube had been removed, what Congress did would have stopped the removal, but Congress acted too late and Congress left intact the standards and rules for the order to insert the feeding tube.
There was a discussion on this very point that was included in the 11th Circuit decision on 03/23/05
. [pdf file] On pages 6 and 7 of their decision the court reviews the intent of the bill on the matter of an injunction and clearly establishes through an exchange between Senators Levin and Frist that the original bill directly addressed this issue, but the bill as passed left the rules for issuing an injunction unchanged.
Because Frist, DeLay, et al. are not lawyers, they missed the point that in such cases Federal courts maintain the status quo during litigation except when it is almost a forgone conclusion what the result will be. It's not the fault of the courts that the Republican leadership of Congress doesn't understand the Federal rules of procedure.
It isn't mentioned very often, but judges read and understand polls, just like politicians.