Just came across the article that is very scathing toward Judge Greer. Just thought I'd post it here, in case anyone is interested in reading it.
JUDGE GREER'S "POWER" TO SEPARATE TERRI SCHIAVO FROM LIFE
By Michael J. Gaynor
MichNews.com
Mar 19, 2005
Checks and balances are good.
Separation of powers is a protection against tyranny.
Where is the check on the tyrannical Judge Greer?
Before a person can be executed by the state, a district attorney has to exercise his or her discretion to prosecute and the governor has to decline to commute the sentence.
A governor is empowered to pardon a convicted mass murderer.
That's a check against judicial abuse.
There's been no check on the judicial abuse in the Terri Schiavo case.
And one has been sorely needed.
No district attorney opted to prosecute her.
Her husband, who had been appointed her legal guardian, went to court for permission to starve her to death.
The mere thought of that should take away one's breath.
Which is what Michael Schiavo and Judge Greer want to do to Terri.
By taking away her feeding tube and her food and water.
A form of execution that Israel did not even inflict on Adolf Eichmann.
And that would swiftly would be ruled cruel and unusual punishment if Terri had been convicted of mass murderer instead of marrying badly.
Terri has not been accorded the rights of a person charged with mass murder.
The Florida state legislature and Governor Bush tried to check Judge Greer's flagrant abuse of judicial power.
But the Florida judiciary called THAT a violation of separation of powers.
And the United States Supreme Court did not intervene.
Which was obscene.
Fortunately, Congress did.
By issuing a subpoena for Terri.
And thereby extending protection to her under federal law.
Only to have Judge Greer charge it with violating Michael Schiavo's right to starve Terri to death and his right to order.
It is Judge Greer who is violating the separation of powers principle.
Amazingly, Long Island's Newsday put a photo of Terri looking far from vegetative on its front page and published an article titled "Exoerts: GOP may have stepped out of bounds."
According to Newsday:
"Many, though not all, of the attorneys interviewed said the likely unprecedented gambit by the House to keep Schiavo alive despite the court-backed wishes of her husband, Michael Schiavo, would likely fail under constitutional scrutiny."
BUT, Newsday concedes:
"Congress has the authority to conduct investigations and issue subpoenas on almost any issue, and can hold those who refuse to honor the summons in contempt, resulting in fines or jail."
Can a Florida trial court judge thwart a Congressional investigation of his own conduct?
Sounds like a conflict of interest to me.
Judge Greer refused to respect the Congressional subpoenas.
Claiming that he saw no "cogent reason" for it.
Since the House had not acted during years of litigation and did not issue subpoenas in other similar cases.
Talk about a separation of powers violation!
Terri's feeding tube was removed and Judge Greer was supported yesterday by a state appellate court and the Florida Supreme Court.
The same Florida judiciary that the United States Supreme Court stopped from stealing the 2000 presidential election from President Bush.
Harvard Law Professor Lawrence Tribe opined that as the House Republicans appeal the decision, federal courts all the way to the United States Supreme Court will uphold Judge Greer because the House action is "a clear violation of the separation of powers."
But, the issue is no longer whether Terri wanted to be starved to death, on which Judge Greer erroneous ruled affirmatively, but whether Congress is entitled to keep her alive pending its investigation.
Leftists should think that one carefully.
A ruling against Congress would be a precedent for concealing judicial abuse and facilitating cover-up.
Tribe further opined that federal authority trumps state authority only when Congress passes a law.
"'It is just not the case that just because [a member of Congress] has the federal stamp on his arm he can barge into a state court and say, 'I'm sorry, I'm whacking you to death,’ Tribe said.’"
Nonsense.
Congress is not trying to whack anyone to death.
To the contrary it's trying to keep Terri alive, until it can investigate, not only for her sake, but for everyone's sake. Especially the elderly and the disabled.
The Constitution allows that, Professor Tribe.
And decent people expect that.
Judge Greer is a registered Republican.
So is the San Francisco judge who ruled that banning "same-sex marriage" is irrational and unconstitutional.
That doesn't make them right.
Righteous Republicans and decent Democrats have much more in common with each other than they do with reprehensible Republicans and diabolical Democrats.
They need to appreciate that.
Georgetown Law Professor Paul Rothstein declined to board Tribe's boat:
"I think the judge [Greer] is making a legal mistake and is vulnerable. Provided that Congress is making legitimate investigations for making law, they have power to seek evidence."
ABSOLUTELY!
And Congress would do well to reflect on this email I received:
"Another point to ponder-if worse comes to worst and Terri Schiavo dies, a question better before, than a question after(the fact) would be, why is she to be cremated and no autopsy to be performed???? WHO is afraid as to what they might find???
"This case has so many questions and I believe so many lies as to their real intentions of hastening her death, that it scares me the public has been so misled into believing this is sane along with the true meaning of 'life support'."
That makes it a job for Congress!
Source:
http://www.michnews.com/artman/publish/article_7322.shtml
