March 23, 2005
Three out of four aint bad
And so...
For Terri Schiavo, no relief is forthcoming at the 11th circuit court of appeals. Regarding the question of why injunctive relief had not been issued, the judgement cites four factors...
The latter three conditions are clearly satisfied. It is clear that if Terri Schiavo dies during trial, irreparable injury will occur. It is also clear that the threatened injury outweighs the harm to Michael Schiavo. Finally, entry of relief would serve the public interest by protecting the lives of citizens by default.
Regrettably, the court erred in its evaluation of the above four factors. I assert this based upon the fact that the court weighed the first factor greater than all others.
The judgement, available here, provides no explanation as to why the court felt this factor was more important than the others. The ramfications of this fact are far reaching. The opinion implies that there are factors in judgement that are more important than "serving the public interest."
According to this judgement, there are factors in judgement that are more important than serving the public interest.
...more important than serving the public interest.
I ask you, if any judgement does not serve the public interest, why do we respect it?
The very architecture of our judicial system is designed to serve the public interest. In the event, as in this situation, the system prioritizes itself above the public interest, all citizens are endangered. No citizen is safe.
Richard
Posted by Richard at March 23, 2005 8:00 AM
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