Wednesday, March 23, 2005
Judge Thumbed His Nose at Congress
U.S. District Judge James Whittemore has defied Congress by not staying Terri Schiavo's starvation execution for the time it takes him to hold a full hearing on her case, a leading Republican senator said Tuesday.
"You have judicial tyranny here," Santorum told WABC Radio in New York. "Congress passed a law that said that you had to look at this case. He simply thumbed his nose at Congress."
"What the statute that [Whittemore] was dealing with said was that he shall hold a trial de novo," the Pennsylvania Republican explained. "That means he has to hold a new trial. That's what the statute said."
"What he's saying is, 'I don't have to hold a new trial because I've already determined that her rights have been protected,'" Santorum said.
"That's nice for him to say that. But that's not what Congress told him to do," he added. "Judges should obey the law. And this judge - in my mind - simply ignored the law."
U.S. District Judge James Whittemore has defied Congress by not staying Terri Schiavo's starvation execution for the time it takes him to hold a full hearing on her case, a leading Republican senator said Tuesday.
"You have judicial tyranny here," Santorum told WABC Radio in New York. "Congress passed a law that said that you had to look at this case. He simply thumbed his nose at Congress."
"What the statute that [Whittemore] was dealing with said was that he shall hold a trial de novo," the Pennsylvania Republican explained. "That means he has to hold a new trial. That's what the statute said."
"What he's saying is, 'I don't have to hold a new trial because I've already determined that her rights have been protected,'" Santorum said.
"That's nice for him to say that. But that's not what Congress told him to do," he added. "Judges should obey the law. And this judge - in my mind - simply ignored the law."
