Thursday, September 23, 2004

Florida Court shoots down law keeping Terri Schiavo alive.
Saw this one this morning. In the mix of court decisions that I find suspect, including the ones shooting down the abortion ban and the local one denying Ralph Nader a spot on the ballot, this one really came at me with a sledgehammer.
Here's the money statement from the court:
"It is without question an invasion of the authority of the judicial branch for the Legislature to pass a law that allows the executive branch to interfere with the final judicial determination in a case," Chief Justice Barbara Pariente wrote.
OK, isn't it a mark of the separation of powers that if a majority of the legislature AND the executive branch thinks the Judicial end of things is out of line that they have the power to do something about it? I'm not familiar with the Florida Constitution and how the three branches of opperate to control each other, but this smells fishy. I am cynical about the authority of the judicial branch not just because of this, but the cases keep piling up where courts don't just apply law but try to create it or modify it for their purpose. What controls do the other branches really have against this?

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