New York Times Rundown
While we're digesting Kofi Annan's report on reforming and retooling the United Nations for comment tomorrow, we thought we would take you along on a tour of the top stories in todays New York Times (complete with commentary, of course).
Lead story:
Court Denies Schaivo Parents Request for Relief; Will Appeal
After all the drama in Congress this week, it all came down to an ordinary request for an injunction before a District Court judge. Judge Whitmore ruled, understandably, that no injunction could issue since the petitioners has not established that they had a "substantial likelihood of success" on the merits upon de novo review.
Many commentators today have focused on the judge's refusal to engage in de novo review, but have completely missed the point regarding the nature of injunctive relief. Injuntive relief is an extraordinary tool that is used only rarely and only when the petitioners can show that they will suffer irreparable harm if it is not issued and that they have a substantial likelihood of success on the merits of their case at trial. No doubt the irreparable harm part of the test was easily met, but as to the second, we agree with the court.
This matter has been exhaustively litigated in the Florida courts. Whatever one's views of the moral merits of either party, the fact is that each had due process and appeals to establish their legal claims and, at some point, our system demand finality. Especially in cases like these.
Since the trial and appeal record at the state level contain a voluminous record about the various claims and issues raised, one can only conclude that a re-hash of the entire process de novo is not likely to produce a dissimilar result. Using the standard test for whether or not injunctive relief should be granted, the judge arrived at the right result. Unlike many commentators, we do not expect the 11th Circuit Court of Appeals to rule differently.
We understand the position and the pain of those on the other side of this issue, but, we must say, the intrusion of the Congress into adding a special basis for federal jurisdiction was both ill-judged and ill-considered. By reinforcing the anti-Federalist idea that somehow the Federal courts are "superior" to state courts, the Congress has done our legal system an injustice.
While we have good reason to question the competence of Florida courts (see Bush v. Gore), the fact is that they have jurisdiction and they were and are competent to render judgment in this issue.
May all the parties find peace with the result. The legal saying that "hard cases make bad law" has never proved so true.
E.U. Said to Keep Arms Ban on Sales to China
Another victory for American diplomacy, but chalk this one up to the crass boldness of the Communist Party leadership in Beijing. Amazingly, during an intense debate between the U.S. and the E.U. on this issue, the PRC government announced that it had passed a law authorizing the use of force to take Taiwan.
According to the Times, this announcement cut the legs under the French position and has caused the E.U. to back off. But note that their statements say they will back off only for another year or so.
Expect the E.U. to quietly table the issue as matters cool down, no doubt this time with friendly messages from their Beijing embassies to the PRC to equally play it cool. This will remain a huge issue and one to watch in the near future.
The Minnesota School Shooting
We, sometimes, are caught in a quandary that we must frankly admit. We are of the opinion, long considered and (we think) well-thought out regarding the superiority of liberal democracy, American style.
And, yet, at times we dispair over what all our freedom all too often brings us. In a world where kids get to simulate car-jackings and prostitute-beatings care of Grand Theft Auto and where multi-billion dollar media corporations jam despair-inducing music down the throats of teenagers, we suppose such things are going to happen.
So, if we truly believe that our way of life is the correct one, we must take into account why things like this happen so often in our country. In some respects it is just because 280 million people can get up to a lot of hell from time to time. But in others, we wonder if we have become a bit too cold to violence, a bit too indifferent to those who are different.
We are worried and the events in that high school should concern us all.
Ordinary Iraqis Strike Back at Insurgents
This is such good news we don't know what to say beyond a hearty "All Right!!!" An Iraqi carpenter noted that:
"We attacked them before they attacked us," Dhia, 35, his face still contorted with rage and excitement, said in a brief exchange at his shop a few hours after the battle. He did not give his last name. "We killed three of those who call themselves the mujahedeen. I am waiting for the rest of them to come and we will show them."
Dhia is our kind of guy.
Black Coaches in NBA Have Shorter Tenure
Classic NY Times story which has to be read just for giggles. And who knew pro basketball coaches have tenure? Somebody better tell Ward Churchill.
In other news, Black Men Many Times More Likely to Play in NBA not scheduled to appear anytime soon.
Lead story:
Court Denies Schaivo Parents Request for Relief; Will Appeal
After all the drama in Congress this week, it all came down to an ordinary request for an injunction before a District Court judge. Judge Whitmore ruled, understandably, that no injunction could issue since the petitioners has not established that they had a "substantial likelihood of success" on the merits upon de novo review.
Many commentators today have focused on the judge's refusal to engage in de novo review, but have completely missed the point regarding the nature of injunctive relief. Injuntive relief is an extraordinary tool that is used only rarely and only when the petitioners can show that they will suffer irreparable harm if it is not issued and that they have a substantial likelihood of success on the merits of their case at trial. No doubt the irreparable harm part of the test was easily met, but as to the second, we agree with the court.
This matter has been exhaustively litigated in the Florida courts. Whatever one's views of the moral merits of either party, the fact is that each had due process and appeals to establish their legal claims and, at some point, our system demand finality. Especially in cases like these.
Since the trial and appeal record at the state level contain a voluminous record about the various claims and issues raised, one can only conclude that a re-hash of the entire process de novo is not likely to produce a dissimilar result. Using the standard test for whether or not injunctive relief should be granted, the judge arrived at the right result. Unlike many commentators, we do not expect the 11th Circuit Court of Appeals to rule differently.
We understand the position and the pain of those on the other side of this issue, but, we must say, the intrusion of the Congress into adding a special basis for federal jurisdiction was both ill-judged and ill-considered. By reinforcing the anti-Federalist idea that somehow the Federal courts are "superior" to state courts, the Congress has done our legal system an injustice.
While we have good reason to question the competence of Florida courts (see Bush v. Gore), the fact is that they have jurisdiction and they were and are competent to render judgment in this issue.
May all the parties find peace with the result. The legal saying that "hard cases make bad law" has never proved so true.
E.U. Said to Keep Arms Ban on Sales to China
Another victory for American diplomacy, but chalk this one up to the crass boldness of the Communist Party leadership in Beijing. Amazingly, during an intense debate between the U.S. and the E.U. on this issue, the PRC government announced that it had passed a law authorizing the use of force to take Taiwan.
According to the Times, this announcement cut the legs under the French position and has caused the E.U. to back off. But note that their statements say they will back off only for another year or so.
Expect the E.U. to quietly table the issue as matters cool down, no doubt this time with friendly messages from their Beijing embassies to the PRC to equally play it cool. This will remain a huge issue and one to watch in the near future.
The Minnesota School Shooting
We, sometimes, are caught in a quandary that we must frankly admit. We are of the opinion, long considered and (we think) well-thought out regarding the superiority of liberal democracy, American style.
And, yet, at times we dispair over what all our freedom all too often brings us. In a world where kids get to simulate car-jackings and prostitute-beatings care of Grand Theft Auto and where multi-billion dollar media corporations jam despair-inducing music down the throats of teenagers, we suppose such things are going to happen.
So, if we truly believe that our way of life is the correct one, we must take into account why things like this happen so often in our country. In some respects it is just because 280 million people can get up to a lot of hell from time to time. But in others, we wonder if we have become a bit too cold to violence, a bit too indifferent to those who are different.
We are worried and the events in that high school should concern us all.
Ordinary Iraqis Strike Back at Insurgents
This is such good news we don't know what to say beyond a hearty "All Right!!!" An Iraqi carpenter noted that:
"We attacked them before they attacked us," Dhia, 35, his face still contorted with rage and excitement, said in a brief exchange at his shop a few hours after the battle. He did not give his last name. "We killed three of those who call themselves the mujahedeen. I am waiting for the rest of them to come and we will show them."
Dhia is our kind of guy.
Black Coaches in NBA Have Shorter Tenure
Classic NY Times story which has to be read just for giggles. And who knew pro basketball coaches have tenure? Somebody better tell Ward Churchill.
In other news, Black Men Many Times More Likely to Play in NBA not scheduled to appear anytime soon.
