Some tiny creature, mad with wrath,

Is coming nearer on the path.

--Edward Gorey

Location: Pittsburgh, Pennsylvania, U.S. Outlying Islands

Writer, lawyer, cyclist, rock climber, wanderer of dark residential streets, friend.

Tuesday, March 22, 2005

The Final Schiavo Post?

I sort of doubt it -- my outrage knows no bounds -- but rather than continue to go on in my strident way, for now I'm going to hold discussion and send my seven readers to a couple of very valuable sources.

First, Bashman has posted the text of the order issued by the Honorable James D. Whittemore denying the Schindlers their desired temporary injunction. It is as clear as judicial opinions get, and articulates unequivocally why injunctive relief is inappropriate in this case and why the Schindler's claims are as frivolous as Congress's action. Interestingly, the opinion notes that it needn't face the constitutionality of Congress's action in ruling on a TI, because for instant purposes constitutionality is assumed. Finally, however, Judge Whittemore restores a sense of balance by reminding everyone of the importance of the law:

This court appreciates the gravity of the consequences of denying injunctive relief. Even under these difficult and time constrained circumstances, however, and not withstanding Congress' expressed interest in the welfare of Theresa Schiavo, this court is constrained to apply the law to the issues before it. As Plaintiffs have not demonstrated a substantial likelihood of success on the merits, Plaintiffs Motion for Temporary Restraining Order must be denied.

Now we can find out how the Republicans feel about their beloved judicial restraint, of which this order is an example par excellence. Of course, we saw how up in arms they were about the Supreme Court's activist decision in Bush v. Gore.

For another discussion, and probably the sharpest, most opinionated writing I've yet seen from Dahlia Lithwick, see this column.


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