Who will the Right Wing Blame?

From Joe Conason at Salon: ”Despite all the apocalyptic posturing of the far right on the cable channels, weblogs and editorial pages, the Schiavo case is a matter of individual conscience and adherence to law. Although the weight of scientific evidence supports Michael Schiavo's position, Democrats and Republicans alike have acknowledged how troubling and difficult they find this issue.
We can expect the radical right-wing to go after the “activist” Judges after Terri Schiavo dies. But who will they be smearing?

Judge Whittemore who first decided against the temporary restraining order (TRO) was a Clinton appointee.

The three Judge panel in Atlanta on the 11th Circuit Court of Appeals rejected their appeal for a stay by 2 to 1. The two were Ed Carnes is a conservative Republican appointed by former President George H.W. Bush, and Frank Hull, a moderate Democrat appointed by Clinton. Charles Wilson, another Clinton appointee supported the Schindlers appeal on narrow legal grounds.

Then the decision was appealed to the full 12 Judges of the 11th Circuit Court. Only two dissented. One was Charles Wilson (see above) and the other was Judge Gerald Tjofelt, a Republican appointed by President Gerald Ford. The ten who concurred in Whittemore’s decision were six Republicans: Reagan appointee and Chief Judge J.L. Edmondson; George H.W. Bush appointees Carnes, Stanley Birch, Joel Dubina, Susan Black; and the controversial William Pryor Jr.,

On the Supreme Court, Antonin Scalia said nothing as he failed to object to the majority position. Neither did Clarence Thomas, Scalia’s second vote. These are probably the most right-wing radical votes on the Supreme Court. According to Conason ”Their silence suggests the radicalism of the congressional departure from constitutional norms that was embodied in the "Schiavo law" passed by both houses of Congress and signed by the president.”

There is no case to be made against activist judges. I suspect they will have to fall back to attacks on "Secular Huminists" and the anti-Christian bias of secular society. They will also attack the separation of church and state in what was 'originally a Christian nation', and 'its drift towards a nation of death'. They don't have much else to work with.

Whittemore is going to catch Hell, though. All the other judges have the rest to share the blame.

All for defending the Judiciary against the unconstitutional actions of the Legislature and the President.