Judge Stanley F. Birch, Jr.:
Any further action by our court or the district court would be improper while the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty.
In resolving the Schiavo controversy, it is my judgement that, despite sincere and altruistic motivation, the legislative and executive branches of government have acted in a manner demonstrably at odds with our Founding Father’s blueprint for the governance of a free people – our Constitution. (emphasis mine)
Judges Gerald Tjoflat and Charles R. Wilson:
The relevant question here is whether a rational factfinder could have found by clear and convincing evidence that Mrs. Schiavo would have wanted nutrition and hydration to be withdrawn under these circumstances. The plaintiffs carry a heavy burden, but I do not believe that this question can be determined in this expedited fashion without a hearing on the merits.
So, Judge Birch is not quite saying the law that congress passed was unconstitutional, just that he thinks that the executive and legislative branches have overreached their purview? That the judicial branch doesn’t need to listen to the other two branches?
Judges Tjoflat and Wilson are correct and it would behoove the rest of the 11th to have listened to them.
Source: My Way News