Senate majority leader Bill Frist (R-Tenn.) has thankfully strayed from the party line and does not advocate holding federal judges accountable for not reinserting Terri Schiavo's feeding tube, he said yesterday in an interview with the New York Times. Schiavo died last Thursday after 13 days without her feeding tube, despite numerous attempts by her parents to have a court order its reinsertion.
Frist, who argued for Schiavo to be kept on the feeding tube, has shown his respect for the U.S. Constitution and America's strong tradition of separation of powers. The cornerstone of our government system is the checks and balances created by the legislative, executive and judicial branches. This is the system that decided the Schiavo case, along with countless other cases - it cannot be destroyed simply because some legislators dislike the outcome.
House majority leader Tom DeLay (R-TX) would rather hold the federal judges accountable for Schiavo's death. "The time will come for the men responsible for this to answer for their behavior, but not today," Delay warned immediately following Schiavo's death.
The judges chose to uphold a decision made by her husband, in accordance with the law. It's the judges' job to interpret the law independently of political opinion, not impose their morals upon the American public. DeLay's desire to go after judges who make rulings he disagrees with could easily lead to a witch-hunt of judges and an erosion of civil liberties.
The judges of the Schiavo case were not evil; they did not want Schiavo to die. They wanted to uphold the law to the best of their abilities. Pigeon-holding them as "activist judges," as DeLay often does, diminishes their credibility. While they should not be immune to criticism, judges must not be subject to threats against their ability to judge, simply because of a difference of public opinion.
Judges need to be able to do their job without worrying about interference from Capitol Hill. This will enable them to freely interpret the law and protect citizens' rights. Simply because Congress passed a law that would allow for Schiavo's feeding tube to be reinserted did not mean that it had to happen. These judges did their job and were not swayed by the powers in Washington. They should not be punished for upholding their previous decisions on the Schiavo case, especially since there was never enough new evidence to justify a reversal of the Florida court's original decision.
The judicial system is a key part of our political system, and ensures that laws and their implementation are in accordance with the U.S. Constitution. Legislators such as DeLay must remember that they do not hold all the power in Washington. Frist respects the court's ability to disagree with Congress and override its decisions. The rest of our legislators must remember their high school civics class and do the same.
