3/22/2005

The NYT on Schiavo: A nation of laws, not of men

The NY Times editorial page's take on the Schiavo case:
...The founders believed in a nation in which, as Justice Robert Jackson once wrote, we would "submit ourselves to rulers only if under rules." There is no place in such a system for a special law creating rights for only one family. The White House insists that the law will not be a precedent. But that means that the right to bring such claims in federal court is reserved for people with enough political pull to get a law passed that names them in the text. The Bush administration and the current Congressional leadership like to wax eloquent about states' rights. But they dropped those principles in their rush to stampede over the Florida courts and Legislature. The new law doesn't miss a chance to trample on the state's autonomy and dignity. There are a variety of technical legal doctrines the federal courts use to show deference to state courts, like "abstention" and "exhaustion of remedies." The new law decrees that in Ms. Schiavo's case, these well-established doctrines simply will not apply. Republicans have traditionally championed respect for the delicate balance the founders created. But in the Schiavo case, and in the battle to stop the Democratic filibusters of judicial nominations, President Bush and his Congressional allies have begun to enunciate a new principle: the rules of government are worth respecting only if they produce the result we want. It may be a formula for short-term political success, but it is no way to preserve and protect a great republic.

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