Constitutional Loop Hole

I know I titled a post "last thoughts on Shiavo," and I really did intend to end on that note. There are, however, side issues that are raised by the Shiavo case the I want to comment on.

One of those issues is that of a runaway judiciary. Judges are using there unchecked power to flout the written laws and inject their own personal politics. This really shouldn't be a partisan issue, though it seems its turning out that way.

This politicization of the judiciary is really a fairly new development. Antonin Scalia has pointed out that even though he was known to be a fairly conservative guy, he was approved for the supreme court unanimously. That has all changed, as the current filibuster on judiciary nominations shows. Why has it changed? Because the people have figured out that judges are not disspationate arbiters of the law, but lifetime appointed politicians.

Normally I'm upset with the the liberals on these counts. Substantive due process and the right to privacy are judge-fabricated rights/procedures not found in the constitution. Today, though, I'm upset with conservative judges like Judge Greer (for some reason today is a day of introspection).

Greer as well as other (reportedly conservative) judges have flouted the law passed to give Terri Shiavo standing in federal court and de novo review. The law was clearly constructed to give Terri a new hearing in federal court with a complete review of the evidence. Perhaps the results would have been the same, and this step would merely prolong Terri's life a few more months. Nevertheless, this is what Congress stipulated in the bill, and this is what should have happened.

Essentially, if judges continue on this path, the constitution and rule of law will be destroyed. Finding provisions in the constitution where there are none, and disregarding laws contrary to a judges personal predilections will eventually make laws void. If laws are subject to the whims of judges, then, in effect, there are no laws.