Friday, March 25, 2005

Schiavo and the courts

I'd been contemplating for a couple days the essential point underlying this column by Bill Kristol: the possibility of a serious backlash against the judiciary. The Schiavo case is simply a catalyst for the discontent that has been brewing among middle America for some time, and just about came to a head several months back when the MA Supreme Court legalized gay marriage.

This will be interesting to watch. I feel like judicial nominees never play much of a role in the voting of average Joes like me: there are too many other issues that command greater attention/concern (which is why I think Daschle lost for being two-faced, rather than being an obstructionist). But the Schiavo case makes me wonder if the future will be a different matter. From my perspective and given the people I've talked with, it seems like everyone pretty much agrees that the parents should be granted custodianship and Terri should be kept alive, but absolutely NO ONE can understand how the courts have constantly ruled against this end and what reasoning was employed to come to this conclusion (these are intelligent people who read the paper and keep up with the news too).

I'd welcome comments on this subject, particularly from the legally gifted (didn't someone here get a 175 on the LSAT? I mentioned this factoid to a couple pretty bright friends in law school here, and they were in awe).


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