I don't see how that constitutes an "activist judge".  He made a decision in
accordance with the law, he stuck by it.  

Additionally, why was this evidence that she was not PVS not submitted in
this first place?

- Matt Small

-----Original Message-----
From: Sam [mailto:[EMAIL PROTECTED] 
Sent: Thursday, April 07, 2005 2:03 PM
To: CF-Community
Subject: Re: 2 Branches of Gov't Enough.

The Judge ruled Terri was PSV and Michael was legal guardian. All
subsequent cases were based on whether Michael Shiavo was legal
guardian and of course he was.
But they couldn't appeal the PVS ruling so they went after the
guardian one. That's where the problem was, once the judge ruled she
was PSV nothing could be done.
Congress wanted the Judge to reevaluate the case ignoring the PVS
ruling based on new evidence but he refused. Technically he was
allowed to, but that's were the rules need to be fixed. By one Judge
deciding she was PVS, the day after a few donations, there's nothing
the entire country could do about it.


On Apr 7, 2005 10:27 AM, Matthew Small  wrote:

>        To cut this short, there is really no such thing as an "activist
judge".  In order to limit the power of a judge, one must simply create a
law which specifically states a purpose (example: "Homosexual marriage is
prohibited.") and that cannot be superseded by an interpretation of a higher
law.
> 
> - Matt Small



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