Road Rage on Pennsylvania Avenue

The federal courts -- district, circuit & supreme -- are done now with the Schiavo case.

This sequence of events strikes me as more than a little odd. Is the situation unprecedented? Congress called into emergency session to enact legislation giving federal courts jurisdiction to save a specific person's life? I think it must be. And I know I'm not the only one flabbergasted by the federal courts' reaction. Too bad Terri Schiavo didn't kill someone -- she'd be alive for the next 25 years.

Reps. Tom DeLay (R-TX) and James Sensenbrenner (R-WI) issued this statement today (via the Corner):

"Like millions of other Americans, we received word of the Supreme Court's decision not to grant relief to Terri Schiavo with profound sadness and disappointment. The House and Senate met in extraordinary circumstances to ensure that Terri Schiavo received a federal court hearing to determine whether her federal or constitutional rights had been violated.

"Sadly, Mrs. Schiavo will not receive a new and full review of her case as the legislation required. I strongly believe that the court erred in reaching its conclusion and that once again they have chosen to ignore the clear intent of Congress. While federal remedies have been exhausted, I urge Governor Bush and the Florida legislature to continue examining all options to save Terri's life."

In terms of American democracy, the important part of this statement, I think, is this: "Mrs. Schiavo will not receive a new and full review of her case as the legislation required. ... [The courts] have chosen to ignore the clear intent of Congress."

Now, a lot of people will react to this statement based on whether they love or hate Tom DeLay (Hi Mom!). But regardless, there's no getting around it: The federal government consists of three co-equal branches. It was abundantly clear that two of those branches, the legislative and executive, determined that Schiavo should not be allowed to die until the courts took a fresh look at the case. And it's also clear that the third branch flipped the bird at the other two. I sense road rage on Pennsylvania Avenue. And if I were a judge, I think I would've been a little more careful about flipping off Tom DeLay.

DeLay has, in the not too distant past, advocated impeachment for "out-of-control" judges, saying the judiciary has "become too authoritarian, exerting its will at random while frequently ignoring the will of the people."

Terri Schiavo will be dead soon, unless Florida Gov. Jeb Bush takes Bill Bennett's advice (and love him or hate him (Hi Mom!), he's a must-read today). But I think this case will come back to bite the courts. Maybe in appropriations, maybe in restrictions of jurisdiction, maybe in constitutional amendments.

And as you can tell by this blog's ambiance, I won't be the least bit sorry to see that happen.
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More at Volokh, Captain's Quarters, Michelle Malkin. Steven Taylor sees no hope for a Jeb Intervention. Professor Bainbridge wonders how we can start to restore respect for life in our culture. Jared says learn from it. Jawa agrees will Bill Bennett, sort of. Asked and answered: Why is Terri Schiavo going to die? Because Michael Schiavo had better lawyers. La Shawn Barber has a good post on federalism. A few questions answered here. Backscratcher of the day here.