The 11th Circuit Court of Appeals, delivered a rebuke to the actions of Delay, The Cat Murderer, Bush, and The Radical Right.
See Below the fold.
The Court ruled 9 to 2 against the Schindler's petition. The two dissenting Justices (1- Ford appointee, 1-Clinton appointee). All 6 Reagan/Bush appointees voted against the Schindlers.
Judge Stanley Birch,
appointed in 1990, by George Bush Sr., writing in the majority, delivered this rebuke:
"A popular epithet directed by some members of society, including some members of Congress, toward the judiciary involves the denunciation of "activist judges." Generally, the definition of an "activist judge" is one who decides the outcome of a controversy before him according to personal conviction, even one sincerely held, as opposed to the dictates of the law as constrained by legal precedent and, ultimately, our Constitution. In resolving the Schiavo controversy it is my judgment that, despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people -- our Constitution. Since I have sworn, as have they, to uphold and defend that Covenant, I must respectfully concur in the denial of the request for rehearing en banc."
http://www.ca11.uscourts.gov/opinions/ops/200511628reh2.pdf