I'm with Ed

Ed Morrissey at Captain's Quarters tackles the 11th Circuit's refusal to intervene-yet again-in the Schiavo case. He makes an interesting observation:

Talk about judicial arrogance! Not only did the Eleventh Circuit openly disregard the law written by Congress, this justice arrogantly tells the other equal branches that the only branch guaranteeing a free people is the one not accountable to the will of the electorate. Bear in mind that none of the courts that reviewed this case after the passage of the emergency legislation found it unconstitutional; that at least would have put the court on record. Instead, the judiciary simply and contemptuously disregarded a law which to this moment remains legal and valid.

Um, yup. Why Justice Birch would even raise the issue of constitutionality escapes me. How many reviews have occurred since the law was signed a week-and-a-half ago? If it was unconstitutional, you'd think that somewhere along the line one of the courts (even his) would have...oh, I don't know...ruled it unconstitutional maybe!?

Makes nice political cover for basically punting on the issue though. "De Novo review? We don't need no stinkin' De Novo review!"