Judicial Activism

After the Republicans moved the Terri Schiavo case to federal court, where had no place to begin with, the federal judge denied Schiavo's parents' request to reinsert the feeding tube. As Drew points out in his updates, the judge didn't even address the Constitutionality of the issue because on its face the parents' case was without foundation.

Here's the case made simple. Ideally, if a person has a living will and it says that they don't want to be kept alive like this you just consult the will and pull the damn plug. Schaivo didn't have a living will. In that case the spouse can say that it was the express wish of the patient to die. Now, as we see here other parties, like parents, can try to intervene and show that it was not the wish of the patient to die by showing evidence to the contrary. In this case *several* courts have found that Terri Schaivo's parent's have no proof. I can understand why they wouldn't want their daughter to die, but they simply have no case for showing that this isn't what she wanted.