Faith, Beer, and Other Things That Interest Geoff

William Kristol Takes a Look at our Robed Masters

Last week, federal judges chose to dismiss, out of hand, extraordinary legislation passed by the U.S. Congress and signed by the president, which asked the federal courts to take a fresh look at the case. The federal judges chose not to explain why "evolving standards of decency" might not allow Terri Schiavo to be kept alive until the case was argued in federal court. The judges assumed nothing new or meaningful would be learned from such an argument, or that the federal legislation might be found unconstitutional. The federal judges chose not to bother to explain why either might be the case.

So our judges deserve some criticism. But we should not be too harsh. For example, it would be wrong to suggest, as some conservatives have, that our judicial elite is systematically biased against "life." After all, they have saved the life of Christopher Simmons. It would be wrong to argue, as some critics have, that our judges systematically give too much weight to the husband's wishes in situations like Terri Schiavo's. After all, our judges have for three decades given husbands (or fathers) no standing at all to participate in the decision whether to kill their unborn children. It would be wrong to claim that our judges don't take seriously legislation passed by the elected representatives of the people. After all, our judges are committed to upholding the "rule of law"--though not, perhaps, the rule of actual laws passed by actual lawmakers. And it would be wrong to accuse our judges of being heartless. After all, Judges Carnes and Hull of the 11th U.S. Circuit told us, "We all have our own family, our own loved ones, and our own children."

Kristol end with these very thoughtful comments:

And the president and Congress should lead a serious national debate on the distinction between judicial independence and judicial arrogance, and on the difference between judicial review and judicial supremacy. After all, we are a "maturing society," as the Supreme Court has told us. Perhaps it is time, in mature reaction to this latest installment of what Hugh Hewitt has called a "robed charade," to rise up against our robed masters, and choose to govern ourselves. Call it Terri's revolution.