Friday, March 25, 2005

Schiavo Strategy

Just reported on Fox - the judge declined the latest request to re-insert the tubes. That is it for her.

All the politics lately have gotten me to thinking strategy. The Republicans passed a law that required a fresh review, at the federal level, of the Shiavo case. The idea, as I understand it, was to get something called "de novo" review. Basically, judges act as fact finders and establish those facts via the de novo thing. To get an injunction under this, you have to show irreparrable harm (easy, since she'll die) and a likelyhood of being successful in your appeal. The success part is what the federal judge rejected.

But, think about it for a minute. The Republicans pass a federal law. That law requires a judge to decide something. The judge makes a correct legal ruling that is opposite of the hopes of Republicans. Or is it? Now, when trying to appoint judges, the Republicans can point to this "liberal" judge (whether he is or not) as an example of the "damage" the Democrats are doing and why we should ignore them when they protest Bush's nominees.

I can hear it now - "the Democrats are just trying to get us Republicans to appoint more judges that would have allowed Terri Shiavo to die."

Karl Rove - evil genius...or at least that is what the Democrats will claim later. I think I just started a conspiracy theory!

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