3/23    Modern Conservatism has truly become the party of Big Government.
        Now Jeb Bush wants to "take custody" of Terri Shiavo, away from
        her husband and away from her family. How can anyone who calls
        themself a Conservative really be in favor of this kind of thing?
        http://csua.org/u/bh5
        \_ I don't think that they do.  The polls I saw had 58% of self
           described conservatives opposing the federal intervention.
           This is a direct consequence of the religious right hijacking the
           Republican party.
        \_ "When a case like this has been heard by 19 judges in six courts
           and it's been appealed to the Supreme Court three times, the
           process has worked - even if it hasn't given the result that the
           social conservatives want. For Congress to step in really is a
           violation of federalism."
           -(Conservative) Hoover Institute member
           "This senator has learned from many years you've got to separate
           your own emotions from the duty to support the Constitution of this
           country. These are fundamental principles of federalism."
           -Sen. John Warner (GOP), Virginia
           \_ Now it's around 32 different judges
              \_ every one of them is a tyrant!
                 \_ You misspelled "activist"
           \_ None of the judges other than Greer have ever looked at the
              findings of fact.  That's why they're trying to have his findings
              of fact reviewed 'de novo'
              \_ The standard for appeal is that findings of facts by
                 the trial ct are accepted as true unless there is a
                 showing of abuse.  There was no showing of abuse in
                 this case b/c Greer did nothing wrong.
                 While a de novo review may turn up something different,
                 this is unlikely. Absent some huge new revelation, the
                 facts found by the dist ct judge will be roughly the
                 same and if he applies state substantive law the tube
                 will stay out. Unless she finds some fed statute to
                 sue under (maybe disabled persons), she is SOL.
        \_ Personally I hope the USSC takes this case and lays down the
           law. Under Art. 3 congress cannot create subject matter jx
           over a particular state law claim in favor of a single citizen.
           What congress did was ridiculous and I hope that many of them
           lose their jobs over it and are replaced by true conservatives.
           \_ Please quote the section ofArticle 3 you are referring to.
           \_ Please quote the section of Article 3 you are referring to.
              \_ Art 3 Sec 2.
                 http://caselaw.lp.findlaw.com/data/constitution/article03
                 The original jx of the fed cts is limited to admiralty,
                 international disputes, federal question (arising under
                 the constitution/fed statues), or diversity (btwn two
                 or more states, citizens of different states, citizens
                 of the same state claims lands under grants of different
                 states, btwn a states/citizen of a state and a foreign
                 country).
                 Congress cannot create more jx for the fed cts than
                 the constitution provides w/o an amendment. In the
                 Schiavo case, congress has created jx for the Dist
                 Ct in the Middle District of FL to hear a suit on
                 behalf of Schavio for violations of her rights arising
                 under the constitution.
                 While one might argue that providing a specific dist
                 ct w/ jx over constitutional claims is still w/in Art
                 3 Sec 2, what congress is really doing is creating
                 jx for a fed ct to hear claims that are already
                 subject to res judicata under state law. This is not
                 allowed.
           \_ The SC will refuse to hear the case and send it back down with
              no comment. This is modis operadi. Shiavo will die and social
              conservatives will have a new face for an old issue to play
              with next election. Ooooo. Shiny.
              \_ I'm hoping the USSC has a vested interest in telling
                 congress that they can't overstep their bounds.
        \_ http://www.coxandforkum.com/archives/05.03.22.GrandOldPragma-X.gif
        \_ http://www.freerepublic.com/focus/f-news/1367722/posts