Conservative judges strike back

Let our journalists help you make sense of the noise: Subscribe to the Mother Jones Daily newsletter and get a recap of news that matters.


The New York Times reports:

A federal appeals court in Atlanta refused…to reconsider the case of Terri Schiavo, with one of the judges rebuking President Bush and Congress for acting ‘in a manner demonstrably at odds with our founding fathers’ blueprint for the governance of free people.’

The judge who rebuked Congress and the Bush administration’s intervention in the Schiavo case was none other than Judge Stanley Birch Jr.—a conservative judge appointed by the first President Bush. Judge Birch went on to note that “legislative dictation of how a federal court should exercise its judicial functions invades the province of the judiciary and violates the separation of powers principle.” Hey, this sounds familiar. Check out what Judge Henry Floyd, a recent Bush appointment, had to say about the administration’s handling of “war on terror” detainee Jose Padilla:

[T]he Court is of the firm opinion that it must reject the position posited by the Respondent. To do otherwise would not only offend the rule of law and violate this country’s constitutional tradition, but it would also be a betrayal of this Nation’s commitment to the separation of powers that safeguards our democratic values and individual liberties.

Judge Floyd’s opinion in the Padilla case actually echoed parts of an opinion written by notoriously conservative Supreme Court Justice Antonin Scalia, challenging the Bush administration to stay within in the law in its prosecution of terrorist suspects. It looks like even the conservative members of the judiciary are tired of being pushed around by the executive branch, and are starting to push back.

IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. It's our first time asking for an outpouring of support since screams of FAKE NEWS and so much of what Trump stood for made everything we do so visceral. Like most newsrooms, we face incredibly hard budget realities, and it's unnerving needing to raise big money when traffic is down.

So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

payment methods

IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate