Judicial activism in the Terri Schiavo case. Here, I think the complaint is just off-base. Congress passed a procedural statute, and was disappointed that it didn't get the substantive result that it wanted.
This I have a hard time understanding. The de novo review passed for Terri was a procedural law, true. But those of us who are upset about what the courts did are arguing that Terri was denied the procedural review afforded her by this law. (we didn't get the results we wanted, but we're not holding the courts responsible for that) Perhaps this complaint goes to the heart of the question: What is a de novo review? On the surface, it seems that the review Judge Greer gave Terri was not in fact the de novo review that congress had in mind.
No comments:
Post a Comment