James Joyner Joins Culture of Death

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Outside The Beltway : Bush Returning to Washington Over Schiavo

So, now, we’re going to spend hundreds of thousands of taxpayer dollars to subvert the legal process and the wishes of both Michael and Terri Schiavo in this matter?

Yesterday, I pointed out that, as individuals, we need to look on the Terri Schiavo ordeal from God’s viewpoint.  But that’s the individual issue.  Beyond that, we have to contend with the political/judicial aspects of this case.

While Joyner and others think that any government action to sustain Terri Schiavo constitutes overreach and waste of money, they fail to realize that Florida judges have already shredded law in order to kill Schiavo.

I will put it flatly:  Terri Schiavo does not meet the standards for removal of life support under Florida statutes or case law.  As a result, Florida judges have invented a law to meet their personal prejudices in the matter. More accurately, Judge Greer refused to consider both case and statutory law in this regard.

Joyner claims:

The judicial activism charge, though, puzzles me. Having judges adjudicate individual cases by applying the law isn’t judicial activism, it’s the raison detre of the courts. Judicial activism is when judges legislate from the bench, either by creating new constitutional rights or ignoring the Constitution to substitute their own will.

Joyner can’t be that stupid.  He’s pretending that judicial activism only occurs when judges invent a law that isn’t there.  By ignoring law that is on the  books and valid, a judge is being activist as well.  It is a matter of co-mission to take positive action to violate the law.  That is, by definition, activism.  Moreover, by claiming that Greer, in this case is “applying the law,” Joyner is being flat out dishonest to support his anti-life position.  As the links above indicate, Greer applied nothing  but his own, personal opinion in this matter, willfully disregarding the laws he is sworn to uphold.

Once the judiciary has thrown the Constitution aside, no parties remain bound to it.  If the law is not good enough for judges, it’s not good enough for the rest of us.

Politically, every responsible,intelligent, and moral office holder has a duty to right the wrong perpetrated by the courts and applauded by Joyner and his ilk.  In this case, Joyner presumes to know Terri Schiavo’s wishes, which he does not.  He justifies killing a woman who can breath, eat,  and blink on her own by pointing to his telepathic powers to eavesdrop on private conversations between Terri and Michael Schiavo ten years ago.  It’s outrageous.

I remained out of this battle, as I pointed out yesterday, because I knew that it would draw me in very deeply.  It has.  I knew that eventually blatant disregard for human life would get my Irish up.  It has.

Please support your Congressmen and Senators in their efforts to stop the state of Florida from murdering an innocent woman. And if those efforts fail, I hope the Department of Justice will file federal murder charges against Michael Schiavo and Judge Greer.  Greer, after all, barred anyone from taking any measures to save Schiavo’s life.  There’s little difference between that order and the orders of the Third Reich to the death camp guards. 

And that’s the team Joyner wants to play for.

Please VisitTerri’s Fight for the latest information.

UPDATE: Michael Schiavo has  barred all visitors from Terri’s room in violation of a court order. He’s afraid someone might try to —egads—feed her!

UPDATE:  Things are moving.  Terri’s parents have been allowed into her room over her loving husband’s objections. Also, BlogsForBush warns Democrats on the matter.

There is a raging debate on RightWingNews. Check it out, particularly EvilOtto’s comments. Also, I think something funny is going on with Michelle Malkin’s site. I’ve looked ther three times today, and I’m sure this earlier post just appeared.

NOTE: I should have point out in the original text that I normally respect Mr. Joyner’s thinking immensely. On this issue, though, he has departed so severely from decency and reason that I feel obliged to address the issue directly. So no one thinks I’m hitting and running, I also commented on his site, and I sent a trackback so others may easily compare our view. Finally, please note that this post is purely secular regarding the obligations of the state, not individuals.


  1. This small-government conservative has gone NOWHERE. Sometimes the government HAS TO intervene to prevent a TRAVESTY–especially one that is unconstitutional.

    The Law

  2. This small-government conservative has gone NOWHERE. Sometimes the government HAS TO intervene to prevent a TRAVESTY–especially one that is unconstitutional.

    The Law

  3. Beth,

    Terri Schiavo’s case is heartbreaking and I personally feel that she should be kept alive, but the rule of law and the Constitution are most important when a human life is at stake. We fight wars and lose brave soldiers in order to preserve our rule of law and Constitution. Her fate is not my decision, your decision, or Bill Frist’s decision to make. If the state courts have decided that her husband is the legal guardian and the federal courts have determined that it is not their job to intervene (which it isn’t), then the rule of law should be followed and not subverted.

    Where have the small-government sympathies of my conservative bretheren gone?


  4. Excellent post! I agree, Joyner’s out to lunch on this one. I will never understand my fellow conservatives who suddenly put judicial rulings over the value of human life. It’s mind-boggling. I’m not Joe Government Intervention either, but for Chrissakes, a HUMAN LIFE is at issue here!
    I’m starting to think some people are acting moonbatty about that part of the issue–as in, trying to overintellectualize the situation based on ideological theory rather than the practical, real-life point of it all.
    This whole thing has gotten my Irish up too. I’m kinda glad I won’t have time to sit at this computer tomorrow, arguing with every single person I see who I think is wrong!
    I think I’m going to have to hit OTB with another Terri post on the next Beltway Traffic Jam…

  5. Outside the Beltway Joins Culture of Death in Schiavo Case

    James Joyner of OTB has jumped into the Terri Schiavo case on the side of those who believe “when in…

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