Right wingers are angry about the way the Schiavo case turned out in the courts. The unanimity of the rulings — among state and federal judges, elected and appointed, Dem and Republican, this month and spanning several years — doesn’t lead them to believe there’s a flaw in their legal reasoning, only that there’s something wrong with the judicial branch.
We’ve all heard the recent bluster. Rick “Man on Dog” Santorum, among others, have denounced the “judicial tyranny” he’s seen. Not satisfied with bizarre legal arguments and overheated rhetoric, some Republicans on the Hill are making noises about taking their concerns to the next level.
Conservatives inside and outside Congress are vowing a showdown with the federal judiciary over the Terri Schiavo case, as Republicans say courts at all levels have flouted congressional subpoenas and legislative intent that her feeding tube be reinserted pending a final decision in the case.
“They have defied federal law. And this confrontation now is the confrontation between the Constitution, the Founding Fathers, the will of the people and the judicial branch of government,” said Rep. Steve King, Iowa Republican. “Constitutional authority will either be imposed upon the judicial branch of government, or we might as well board up the Capitol and turn this country over to the whims of the judges.”
Mr. King said he is planning a legislative strategy that will involve offering amendments to appropriations bills designed to “put the courts back in their appropriate constitutional place,” but said it is too early to say exactly what he will pursue.
This very well may just be bravado and posturing. The GOP’s far-right base is frustrated that lawmakers haven’t done enough to intervene in this case, and some lawmakers may pop off about “putting courts in their place” just to placate the activists who keep them in office.
Moreover, similar language has been offered by Republican lawmakers every time the right loses a high-profile legal fight. Talk about undermining the courts’ authority will dominate the talk-radio/Fox News crowd for a few days, but cooler heads always prevail.
Having said that, I worry about a cumulative effect. Every time the courts draw the right’s ire, lawmakers get a little closer to taking lunatic proposals seriously. It’ll be interesting to see if Steve King follows through on this talk, what he comes up with, and just how many colleagues join him on this dangerous misadventure.