demonstrably at odds with...our Constitution.

Judge Birch on how DeLay and the rest of the congress acted when they voted on, and when Bush signed, "a bill to provide for the relief of the parents of Theresa Marie Schiavo

A popular epithet directed by some members of society, including some members of Congress, toward the judiciary involves the denunciation of "activist judges." Generally, the definition of an "activist judge" is one who decides the outcome of a controversy before him according to personal conviction, even one sincerely held, as opposed to the dictates of the law as constrained by legal precedent and, ultimately, our Constitution. In resolving the Schiavo controversy it is my judgement that despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people -- our Constitution.

If you think that Birch is some flaming liberal, think again. He was appointed to the 11th Circuit by Bush 41. He was one of the judges that upheld Florida's anti-gay adoption laws. Wonder if this opinion will convince George that he might want to read the constitution. Perhaps Bush would like to get his own personal Constitution here