Wednesday, March 23, 2005
Great op-ed by Charles Fried in today's NYT. Here is the best part:

For years now, Congress has more and more stringently demanded that federal court intervention be limited to cases where the state courts have acted not just technically incorrectly, but with egregious lack of reason. Whatever might be said of the Florida state court proceedings in this case, they certainly have not crossed that line, and indeed probably accord with what state courts all over the country have ordered or permitted for years in these difficult and agonizing cases.

Finally, the law passed by Congress on Monday was an obvious attempt - under the pretense of allowing the determination of federal constitutional rights - to delay the outcome decreed by Florida state law with the hope of making that outcome impossible. That is precisely the worrisome tactic employed with increasingly imaginative stays and orders of re-litigation in a number of federal courts, most noticeably the Court of Appeals for the Ninth Circuit, which covers nine Western states. And it is also precisely the sort of tactic that Congress sought to discipline in the Effective Death Penalty Act.

As I think I have demonstrated in all the previous posts on this site that actually quote from the actual Florida cases, not only were the Florida courts' actions here probably in accord with other states, they bent over backwards to ensure that Schiavo received a full hearing (actually several full hearings).
Take Me Back Home


About Me 
My Photo
Name:
Location: Chicago, Illinois, United States

I am an attorney in Chicago. Politically speaking, I am an indepedent that tends to lean conservative on fiscal issues and progressive on social issues. I try to remain as unbiased and open-minded as possible. Please email or post any comments, and especially criticisms. If something I say is wrong, or you disagree - let me know about it!



Email Me Your Comments


Site Feed

Search 

Technorati Profile
Technorati search


Credits 

|| Powered by Blogger

Blog Design by:



Weblog Commenting and Trackback by HaloScan.com



Creative Commons License
This work is licensed under a Creative Commons License.

Disclaimer:
The views expressed on this website are solely those of the author, and do not necessarily represent the views of his employer or any other organization or person.

Nothing in this weblog is intended as legal advice, nor should anything contained in this weblog be construed as legal advice.

This is a forum for personal views and opinions. Accessing this website is not a consultation for legal advice or services and nothing contained in this weblog creates an attorney-client relationship nor should it be construed as creating an attorney-client relationship.

The Ecosystem 


Some Rights Reserved - ArmchairGenius.com - Copyright ©2005