A Correct Use of Judicial Powers

We hear a lot about judicial activism. We hear a lot about the over reach of the courts. The Supreme Court and lower courts are making law, people say. Ordinarily I tend to agree.

Right now, however, this is not the case. Right now, the courts are doing their job.

State courts have decided Ms. Schiavo's case. In an unprecedented abuse of legislative discretion, Congress moved the case to Federal Court. In an admirable use of judicial discretion, the Federal Court declined to overrule the state court decision.

Now, as two brothers in power struggle to find new ways to bend the law and increase their own power, a tragic story is coming to an end. The courts got it right this time. They abstained from going further than they had a right to go. Good for them.