Terri Schiavo Again

A federal judge has now heard argument in Terri's case.  Judge Whittemore, who has the distinction of having been nominated to the bench by a perjurer, has retired to mull the case over in solitary, presumably well-fed, splendor.  Meanwhile a woman is dying from hunger and thirst.  State courts have no monopoly on robed twits.

The recent act of Congress providing for federal jurisdiction over Terri's case left Judge Whittemore with no discretion.  De novo review is required.  De novo means the court starts from scratch and develops a new factual record as a basis for an independent decision.  This cannot be done before Terri Schiavo will die if she continues to be deprived of food and water.  In the ordinary course of judicial business complete litigation of Terri's case, including appeals, will take years. 

To preserve his jurisdiction Judge Whittemore must order that Terri Schiavo once again receive the care necessary to preserve her life.  If he does not he has ceased acting as a judge and taken up the role of lawless buffoon previously played to rave reviews by a Florida state judge.

There is no plausible basis for questioning the constitutionality of the law that orders Judge Whittemore to take jurisdiction.  He is faced with a simple choice -- He can follow the law or he can break it.  It isn't surprising that a Clinton appointee would consider this a difficult decision. 

Plainly the judicial process has its limits.  The proper remedy for the sort of madness that is murdering Terri Schiavo has nothing to do with any court.  When judges make indefensible orders the people with real power should just ignore them.  Governor Bush commands a significant paramilitary force.  Why should he pretend he is powerless to save a woman merely because an insignificant functionary with the title judge wants to snuff her? 

Governor Bush and the Florida legislature both disagree with the courts about the proper resolution of Terri's case.   There is no principled basis for concluding that the courts trump the other two branches of government.  Anyone who says that the rule of law means the courts always win every dispute with the other branches of government is either ignorant or dishonest.  To paraphrase Andrew Jackson -- the Florida courts have made their decision, let's see if they can enforce it.

Governor Bush can and should order a SWAT team to take custody of Terri Schiavo and transfer her to some secure facility where she can receive proper care.  He should then explain to the people of Florida that their courts have misrepresented both facts and law in their enthusiasm for Terri Schiavo's death.  He should tell them that he has acted to vindicate the law in spite of a lawless judiciary.  The press would have a collective conniption fit, the storm would blow over, Terri Schiavo would live,and our nation would take a significant step away from government by judiciary.  Not a bad day's work.

How about it Jeb?  At a stroke, and with very little political risk, you could establish yours as the biggest, brassiest orbs in all of clan Bush.  That's got to be worth something to you. 

Comments

[nicholas martin]

I hope and pray that Gov. Bush follows your advice, Mr. Mulhern !

In the meantime, I just read Robert Bork's remarks about the case. He thinks the liberals' main concern is the connection of this case with abortion.

It is so good to read your sane and sobering words !!

[TomC]

As usual, Peter Mulhern gets it right.

Congress has issued her "reprieve," but this vile judge still intends to have her executed on schedule, for the crimes of being brain-damaged and married to a ghoul.

I didn't think that it would come to this, but it has. It really is time for federal marshals, SWAT teams, or whatever it takes, to rescue this woman. Right now, today.

If Terry Schiavo is allowed to die after so many good people have tried to save her, something important about this country will die with her.