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	<title>Comments on: Apologies in Advance</title>
	<link>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/</link>
	<description>America's favorite blog</description>
	<pubDate>Thu, 08 Jan 2009 12:18:09 +0000</pubDate>
	<generator>http://wordpress.org/?v=2.0.11</generator>

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		<title>by: Jacobo</title>
		<link>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7915</link>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7915</guid>
					<description>Crickets are a'chirpin'.</description>
		<content:encoded><![CDATA[<p>Crickets are a&#8217;chirpin&#8217;.
</p>
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		<title>by: Mike Z</title>
		<link>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7916</link>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7916</guid>
					<description>Adam - I certainly agree with you about the logic and legality of the situation and I share your frustration with the likes of Tom DeLay.

However:

1) Those who are really paying attention already know all this and didn't need to be told by the media.  Even lots of powerful republicans are disassociating themselves from DeLay's specious arguments in this case.

2) Those who agree with DeLay are not at all interested in finding real arguments for their positions or facing real arguments against them. So, I'm afraid your challenge will go unmet.</description>
		<content:encoded><![CDATA[<p>Adam - I certainly agree with you about the logic and legality of the situation and I share your frustration with the likes of Tom DeLay.</p>
<p>However:</p>
<p>1) Those who are really paying attention already know all this and didn&#8217;t need to be told by the media.  Even lots of powerful republicans are disassociating themselves from DeLay&#8217;s specious arguments in this case.</p>
<p>2) Those who agree with DeLay are not at all interested in finding real arguments for their positions or facing real arguments against them. So, I&#8217;m afraid your challenge will go unmet.
</p>
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		<title>by: bjd</title>
		<link>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7917</link>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7917</guid>
					<description>Hey, you're damned if you do and you're damned if you don't.

"The only thing worse than activist judges are inactivist judges."

http://tinyurl.com/4zteu</description>
		<content:encoded><![CDATA[<p>Hey, you&#8217;re damned if you do and you&#8217;re damned if you don&#8217;t.</p>
<p>&#8220;The only thing worse than activist judges are inactivist judges.&#8221;</p>
<p><a href="http://tinyurl.com/4zteu" rel="nofollow">http://tinyurl.com/4zteu</a>
</p>
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		<title>by: Joan</title>
		<link>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7918</link>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7918</guid>
					<description>I don't know all the ins and outs of the case, but at one point the Florida legislature passed a law on Ms. Schiavo's behalf that was later ruled unconstitutional, yes?  Could that be a part of claims about judicial activism?

It was very suspect for this to become a federal case, even though my own belief is that the right thing to do for someone in Ms. Schiavo's condition is to feed them.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t know all the ins and outs of the case, but at one point the Florida legislature passed a law on Ms. Schiavo&#8217;s behalf that was later ruled unconstitutional, yes?  Could that be a part of claims about judicial activism?</p>
<p>It was very suspect for this to become a federal case, even though my own belief is that the right thing to do for someone in Ms. Schiavo&#8217;s condition is to feed them.
</p>
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		<title>by: Bob</title>
		<link>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7919</link>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7919</guid>
					<description>The reasoning goes like this:

1) The courts made a decision I don't like.

2) I like the Constitution.  (I'm an American, damn it!)

3) Therefore the courts must be misinterpreting the Constitution.  And because all of the courts are doing it, it must be a conspiracy of "activists" who want to thwart the intent of our country's most sacred document (bring up "Battle Hymn of the Republic" in the background).

Ted Williams was a hell of a baseball player, but I'll always remember him for having said, "If you don't think too good, don't think too much."</description>
		<content:encoded><![CDATA[<p>The reasoning goes like this:</p>
<p>1) The courts made a decision I don&#8217;t like.</p>
<p>2) I like the Constitution.  (I&#8217;m an American, damn it!)</p>
<p>3) Therefore the courts must be misinterpreting the Constitution.  And because all of the courts are doing it, it must be a conspiracy of &#8220;activists&#8221; who want to thwart the intent of our country&#8217;s most sacred document (bring up &#8220;Battle Hymn of the Republic&#8221; in the background).</p>
<p>Ted Williams was a hell of a baseball player, but I&#8217;ll always remember him for having said, &#8220;If you don&#8217;t think too good, don&#8217;t think too much.&#8221;
</p>
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		<title>by: Lynne</title>
		<link>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7920</link>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7920</guid>
					<description>Joan, you are correct that Jeb Bush and the Florida House and Senate had their own "Terri's Law" in 2003. It was found unconstitutional.

I don't understand the people who support a culture of life and then threaten judges, want to see Michael Schiavo killed and threaten his sister. The same people who speak of the sanctity of marriage, except in this case. The same people who want to cut Medicaid, except in this case, who want to cut the judgements for "frivolous" law suits, except in this case.

The Judiciary in this case was the only branch of the government that actually acted responibly and followed the law.

And they're asking for money to protect them. From &lt;i&gt;The Washington Post:&lt;/i&gt;

&lt;i&gt;Worried after recent attacks, federal judges urged Congress yesterday to provide more protection, including $12 million for security systems in most of their homes. 

&lt;i&gt;Unfortunately, at the present time federal judges across the country are feeling particularly vulnerable, not only for themselves, but also for their families," said a letter from the Judicial Conference of the United States, the court's policymaking board, led by Chief Justice William H. Rehnquist.&lt;/i&gt;

The culture of life, indeed.


&lt;/i&gt;</description>
		<content:encoded><![CDATA[<p>Joan, you are correct that Jeb Bush and the Florida House and Senate had their own &#8220;Terri&#8217;s Law&#8221; in 2003. It was found unconstitutional.</p>
<p>I don&#8217;t understand the people who support a culture of life and then threaten judges, want to see Michael Schiavo killed and threaten his sister. The same people who speak of the sanctity of marriage, except in this case. The same people who want to cut Medicaid, except in this case, who want to cut the judgements for &#8220;frivolous&#8221; law suits, except in this case.</p>
<p>The Judiciary in this case was the only branch of the government that actually acted responibly and followed the law.</p>
<p>And they&#8217;re asking for money to protect them. From <i>The Washington Post:</i></p>
<p><i>Worried after recent attacks, federal judges urged Congress yesterday to provide more protection, including $12 million for security systems in most of their homes. </p>
<p></i><i>Unfortunately, at the present time federal judges across the country are feeling particularly vulnerable, not only for themselves, but also for their families,&#8221; said a letter from the Judicial Conference of the United States, the court&#8217;s policymaking board, led by Chief Justice William H. Rehnquist.</i></p>
<p>The culture of life, indeed.</p>
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		<title>by: Pete in Van Diemen's Land</title>
		<link>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7921</link>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7921</guid>
					<description>The whole affair, from partially vegetative start to fully vegetative finish, stinks.

Kid : Can I keep it? huh? Huh?
Brother: no way! It's disgusting. Chuck it. That's final.
Kid : That's not fair! I'm asking dad.
Kid : Dad, can I keep it?
Dad : No, it's dead, leave it where you found it. That's final.
Kid : Mom, can I keep it?
Mom : No, it smells funny and you'll get germs. Bury it somewhere and pray for another one. That's final.
Kid : Judge, can I keep it?
... etc.
While I don't know much of the inner workings of the appeals circuit in the US, it just seems that some people don't know when no means no. And for anyone, Terry's family, conservative poll-aticians, whoever, to now say "That's not fair, you cheated" is way beyond bad manners.
On NPR, they sound-bit someone who said (and I paraphrase) "Due process was followed at each and every step of the way. Obviously, that's not good enough for some people."
As bjd said, the judges were damned if they did and thrice-damned if they didn't.
In VDL, appealing the appeal for the appeal over the appeal pending the appeal for the appeal would lose public sympathy in a big way. (Why does it feel like I just said "Once, in bandcamp..."?)</description>
		<content:encoded><![CDATA[<p>The whole affair, from partially vegetative start to fully vegetative finish, stinks.</p>
<p>Kid : Can I keep it? huh? Huh?<br />
Brother: no way! It&#8217;s disgusting. Chuck it. That&#8217;s final.<br />
Kid : That&#8217;s not fair! I&#8217;m asking dad.<br />
Kid : Dad, can I keep it?<br />
Dad : No, it&#8217;s dead, leave it where you found it. That&#8217;s final.<br />
Kid : Mom, can I keep it?<br />
Mom : No, it smells funny and you&#8217;ll get germs. Bury it somewhere and pray for another one. That&#8217;s final.<br />
Kid : Judge, can I keep it?<br />
&#8230; etc.<br />
While I don&#8217;t know much of the inner workings of the appeals circuit in the US, it just seems that some people don&#8217;t know when no means no. And for anyone, Terry&#8217;s family, conservative poll-aticians, whoever, to now say &#8220;That&#8217;s not fair, you cheated&#8221; is way beyond bad manners.<br />
On NPR, they sound-bit someone who said (and I paraphrase) &#8220;Due process was followed at each and every step of the way. Obviously, that&#8217;s not good enough for some people.&#8221;<br />
As bjd said, the judges were damned if they did and thrice-damned if they didn&#8217;t.<br />
In VDL, appealing the appeal for the appeal over the appeal pending the appeal for the appeal would lose public sympathy in a big way. (Why does it feel like I just said &#8220;Once, in bandcamp&#8230;&#8221;?)
</p>
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		<title>by: hedera</title>
		<link>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7922</link>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7922</guid>
					<description>What drives me nuts about all this hullaballoo around "activist judges" is this:  the Repubs claim we wouldn't have Roe v. Wade, and any other judicial decision they don't like (shall we discuss Brown v. Board of Education again?), because "activist judges" overrode "the will of the people."  They usually use "activist" as a synonym for "Democratic"; that's what brought down Rose Bird in California. 

As far as I can tell, the judges who ruled on the Schiavo case were, to a judge, Republicans!  One of them, I recall hearing, was appointed by George H. W. Bush.  This are not wild-eyed raving liberals.  And I agree entirely with Adam - nowhere did they do anything but rule on the legal points at issue in the case.  But Tom DeLay doesn't like it, so they're "activist judges" and we have to "do something" about them...

Tom deLay is turning into a Joe McCarthy.  The man is a witch hunter, and things are so because he says them three times.  Where is the man who will stand up before a national audience and ask, "Mr. DeLay, have you no shame?"</description>
		<content:encoded><![CDATA[<p>What drives me nuts about all this hullaballoo around &#8220;activist judges&#8221; is this:  the Repubs claim we wouldn&#8217;t have Roe v. Wade, and any other judicial decision they don&#8217;t like (shall we discuss Brown v. Board of Education again?), because &#8220;activist judges&#8221; overrode &#8220;the will of the people.&#8221;  They usually use &#8220;activist&#8221; as a synonym for &#8220;Democratic&#8221;; that&#8217;s what brought down Rose Bird in California. </p>
<p>As far as I can tell, the judges who ruled on the Schiavo case were, to a judge, Republicans!  One of them, I recall hearing, was appointed by George H. W. Bush.  This are not wild-eyed raving liberals.  And I agree entirely with Adam - nowhere did they do anything but rule on the legal points at issue in the case.  But Tom DeLay doesn&#8217;t like it, so they&#8217;re &#8220;activist judges&#8221; and we have to &#8220;do something&#8221; about them&#8230;</p>
<p>Tom deLay is turning into a Joe McCarthy.  The man is a witch hunter, and things are so because he says them three times.  Where is the man who will stand up before a national audience and ask, &#8220;Mr. DeLay, have you no shame?&#8221;
</p>
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		<title>by: Linkmeister</title>
		<link>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7923</link>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7923</guid>
					<description>Further threats besides DeLay's have come forth. From Congress Daily (sub. req.):

Participants at this week's Judeo-Christian Council for Constitutional Restoration meeting said the group also will focus on forcing Congress to begin impeachment proceedings against any judge who does not conform with their biblically based interpretation of the Constitution, as well as permanently curb judicial authority over matters of church and state, marriage and governmental acknowledgement of a Christian deity.

“What it is time to do is impeach justices,” Texas Justice Foundation President Allan Parker extolled a crowd of a hundred or so conservative lobbyists, attorneys and activists. “The standard should be any judge who believes in the ‘living constitution' should be impeached.</description>
		<content:encoded><![CDATA[<p>Further threats besides DeLay&#8217;s have come forth. From Congress Daily (sub. req.):</p>
<p>Participants at this week&#8217;s Judeo-Christian Council for Constitutional Restoration meeting said the group also will focus on forcing Congress to begin impeachment proceedings against any judge who does not conform with their biblically based interpretation of the Constitution, as well as permanently curb judicial authority over matters of church and state, marriage and governmental acknowledgement of a Christian deity.</p>
<p>“What it is time to do is impeach justices,” Texas Justice Foundation President Allan Parker extolled a crowd of a hundred or so conservative lobbyists, attorneys and activists. “The standard should be any judge who believes in the ‘living constitution&#8217; should be impeached.
</p>
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		<title>by: Abner Cadaver</title>
		<link>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7924</link>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid>http://fanaticalapathy.com/2005/04/08/apologies-in-advance/#comment-7924</guid>
					<description>I haven't seen the word "venal" in ages. Venal is exactly what it was.</description>
		<content:encoded><![CDATA[<p>I haven&#8217;t seen the word &#8220;venal&#8221; in ages. Venal is exactly what it was.
</p>
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