on March 30, 2005 by pat in society, Comments (1)
Should the federal court intervene in the Terri Schiavo case?
Al Mohler, has raised an interesting point in his three-part series about the Terri Schiavo case. In this battle of the courts, there has been a loud argument that the state courts should settle the issue and not allow the federal courts to intervene. However Mohler, asks:
Some observers and advocates have condescendingly chastised those seeking to protect Terri’s life for attempting recourse through the federal courts. Some have asserted repeatedly that this is a matter of state court jurisdiction and that federal courts should neither review nor correct. Of course, this logic would mean an absolute end to all death penalty appeals to federal courts. Why do we not hear the same arguments presented in favor of state court supremacy when a prisoner on death row appeals for a federal review of his death sentence?
The logical conclusion by Mohler is that the courts are laced with activist judges who are bent towards a culture of death.
Once again, the court system has become a focus of controversy and an engine for a cultural agenda. The vast expansion of court authority and judicial activism should cause a chill to go down every American spine. Unless these trends are checked, we are increasingly facing a government ruled by judges, for judges, in the name of the courts. This is no way to run a democracy.
Update: For the fourth time in 2 weeks, the 11th Circuit Court Rejects Schiavo Appeal.

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