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Friday, April 1, 2005

Blame Judiciary in Terri's Death

PRESIDENT BUSH: Today millions of Americans are saddened by the death of Terri Schiavo. Laura and I extend or condolences to Terri Schiavo's families. I appreciate the example of grace and dignity they have displayed at a difficult time.

I urge all those who honor Terri Schiavo to continue to work to build a culture of life where all Americans are welcomed and valued and protected, especially those who live at the mercy of others. The essence of civilization is that the strong have a duty to protect the weak. In cases where there are serious doubts and questions, the presumption should be in favor of life.

Washington(CB): House Majority Leader Tom DeLay on Thursday blamed Terri Schiavo's death on what he contended was a failed legal system and he raised the possibility of trying to impeach some of the federal judges in the case.


"The time will come for the men responsible for this to answer for their behavior," said DeLay, R-Texas. (See Photo)

DeLay, the second-ranking House GOP lawmaker, helped lead congressional efforts 10 days ago to enact legislation designed to prod the federal courts into ordering the reinsertion of Schiavo's feeding tube. He said the courts' refusal to do just that was a "perfect example of an out of control judiciary."

Joining DeLay in taking issue with the judiciary was Sen. Rick Santorum, R-Pa., who said, "The actions on the part of the Florida court and the U.S. Supreme Court are unconscionable."

Also, GOP Rep. Patrick McHenry of North Carolina said the case "saw a state judge completely ignore a congressional committees subpoena and insult its intent" and "a federal court not only reject, but deride the very law that Congress passed."

DeLay said he would make sure that the GOP-controlled House "will look at an arrogant and out of control judiciary that thumbs its nose at Congress and the president."

The legislation passed in an emergency session of Congress and immediately signed by Bush ordered the federal courts to review the decision by a Florida judge to allow the removal of the feeding tube that kept Schiavo alive.

U.S. District Judge James Whittemore refused. His ruling was twice upheld by the 11th Circuit Court of Appeals. Later, the U.S. Supreme Court refused to intervene.

As a House member, DeLay has no constitutional role in deciding who becomes a federal judge or whether a judge should be disciplined. The president selects the judges; senators confirm them. The federal court regulates those judges.

But the GOP-controlled House can initiate impeachment proceedings on federal judges, just as they impeached President Clinton, only to have the Senate acquit him.

"Congress for many years has shirked its responsibility to hold the judiciary accountable. No longer," DeLay said.

The House has impeached 11 federal judges, including former Supreme Court Justice Samuel Chase, but the Senate has only convicted and removed seven.

Chase was not convicted. The last federal judge to be removed was Alcee Hastings, in 1989; he is now a Democratic congressman from Florida.

Congress does have the authority under the Constitution to limit what kind of cases the federal courts can hear. Republicans have complained for some time about what they see as an out of control federal judiciary.

Rush: "It's plain as day what happened here. The United States government ordered the starvation of an innocent citizen who was not dying."

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