El Scorcho Online Article

Careful what you wish for... by JRS
“We will look at an arrogant, out-of-control, unaccountable judiciary that thumbed their nose at Congress and the president.” A threat by Republican Tom DeLay

Perhaps Mr. DeLay forgets it was his and the other congressional leaders that went to a lot of trouble to pass a special to get the federal judiciary involved in the Schiavo case. This statement is typical of the attitude of the current administration in Washington. When they don't get their way they become outraged.
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“ I have noticed over the years that not only do federal district judges have a lot of power, but no matter which party appoints them, they generally believe in the separation of power just as Jefferson and the boys intended.

This became evident to me when I chanced to have a half hour talking to Federal District Judge Patrick Kelly in Wichita during “Operation Rescue” about a decade back. This was Randall Terry's pro-live religious group that caused a lot of turmoil. Yes, the same Randall Terry that was in on the Schiavo disaster. Kelly brought in the U.S. Marshals to keep the peace because the local authorities couldn't and tossed Terry and a couple others in jail for contempt. He became the devil in their followers eyes.

The interesting thing was that Kelly was a practicing Roman Catholic and personally pro-life. But as he told me, “Abortion is legal in the state of Kansas and it is my duty to uphold the law no matter what I think of it, this isn't about abortion. It is about a group of people violating court orders I issued.”

In other words, don't screw with me. Mr. DeLay and his like haven't figured that out yet it seems.

When the judges don't do what the neo-cons want they are "unaccountable" and when they do what someone else wants they are "activist" judges.

Original Release: May 2005, Version I
Section: Illusion Politics