DeLay Plots to Overthrow the United States Government

Or so it sounds --

DeLay said he would make sure that the GOP-controlled House `"will look at an arrogant and out of control judiciary that thumbs its nose at Congress and the president."

And Pennsylvania's own Rick Santorum is no better:

Joining DeLay in taking issue with the judiciary was Sen. Rick Santorum, R-Pa., who said, "The actions on the part of the Florida court and the U.S. Supreme Court are unconscionable." Also, GOP Rep. Patrick McHenry of North Carolina said the case "saw a state judge completely ignore a congressional committees subpoena and insult its intent" and "a federal court not only reject, but deride the very law that Congress passed."

The article further suggests that DeLay and others are seriously weighing the possibility of impeaching judges involved in allegedly flouting the will of Congress.

First, it's possible that, if put to the test, Congress's statute would have been found unconstitutionally intrusive on the states and outside the ambit of Congress's enumerated powers. Second, no court had to reach that vexing question. Why? Because Congress, notwithstanding its many lawyers both in office and on staff, failed to anticipate that the long-established law regarding temporary injunctions would intrude if faithfully -- dare I say conservatively -- interpreted by federal judges.

I don't know whether it could have done so constitutionally, but surely one of the thousand or more licensed attorneys in the kitchen considered this potential problem, and weighed the benefits of trying to more explicitly provide for immediate de novo jurisdiction in federal courts with a provisioin effectively staying everything about the Schiavo case pending such federal review. For whatever reason, that possibility was rejected.

Were I more cynical, I might suspect that this all is political theatre designed to provide for yet another attack on the judiciary. I simply reject the idea that no one in Congress saw this coming. Rather, I sincerely suspect that they did see this coming, and plotted a political strategy around the predictable series of denials of relief.

The courts could not have more faithfully executed the law. And for DeLay and others to come out against the conservative judges (including nut-job recess appointee Judge Prior himself) on the 11th circuit and the conservative judges at the United States Supreme Court who appear repeatedly to have voted unanimously not to review this case just shows how far this megalomaniac will go to press his witch's brew of cereal box theology and political opportunism.

For the record, I'm not complaining. Whatever mandate the Republicans might have claimed after the 2004 elections is swiftly being squandered by idealogues and theocrats on Schiavo and social security. In the interests of comity and -- dare I say -- fiscal responsibility, I can only pray that the GOP keeps spending its intellectual capital so foolishly in hopes that either the House or the Senate return to Democratic control in 2006, before our children's children's children's prosperity is mortgaged and the House floor becomes a chapel.