DeLay apologizes for blaming federal judges in Schiavo case
But House leader calls for probe of 'judicial activism'
WASHINGTON -- House majority leader Tom DeLay apologized yesterday for saying federal judges are ''responsible" for the death of Terri Schiavo. But he added that he has asked the House Judiciary Committee to investigate the judges who declined to order that a life-sustaining feeding tube be reinserted for the brain-damaged Florida woman, as part of a broader review of ''judicial activism" that he suggested should extend to the Supreme Court.
At a news conference yesterday, DeLay said Congress retains oversight of the federal courts and should use it to hold judges accountable. He said the Schiavo case, in which federal courts refused to intervene despite extraordinary efforts by Congress and President Bush, warrants particular scrutiny.
''I have asked the Judiciary Committee to look at the Schiavo case and the actions of the judiciary," said DeLay, a Texas Republican. ''The legislative branch has certain responsibilities and obligations given to us by the Constitution. We set the jurisdiction of the courts. We set up the courts. We can unset the courts. We have the power of the purse. We have oversight of how we spend their money. All of these are oversight tools."
DeLay said the committee would decide whether to recommend impeachment for any of the judges involved in the Schiavo case. He said he had set no time frame for the committee's work.
When asked whether the committee's review should extend to the Supreme Court, which repeatedly refused to hear appeals in the Schiavo case, DeLay would not answer directly, but encouraged reporters to read a recent book on the high court, ''Men in Black." That book, subtitled ''How the Supreme Court is Destroying America," accuses the justices of carrying out an activist agenda that oversteps the bounds set by the Constitution.
Representative John Conyers of Michigan, the chief Democrat on the Judiciary Committee, said Delay's request ''shows a complete lack of understanding about the principles of separation of powers. The last thing we should be doing is looking into the judiciary's actions in this case. Congress had no business to begin with weighing in [on] a private matter under state court jurisdiction. Reviewing the judiciary's actions only adds insult to the injury Congress has already caused."
At the news conference, DeLay said he wanted to clarify his previous statements by restating that he thinks the country should have an ''independent judiciary." He also apologized for saying that judges who reviewed the Schiavo case will soon ''answer for their behavior" after ruling against her parents, who wanted her feeding tube replaced.
But his later remarks are certain to ratchet up the rhetoric over judges, at a time when Senate Republicans are considering a move to ban filibusters of judicial nominees in the Senate -- stripping the Democrats of their best legislative weapon and clearing the way for Bush's most conservative nominees to become judges.
Jennifer Crider, a spokeswoman for House minority leader Nancy Pelosi, Democrat of California, said DeLay is giving an object lesson on how Republicans have abandoned the principle of limits on governmental power. After involving the entire federal government in a personal tragedy, Crider said, DeLay now wants to punish those who disagreed with him.
Last month, after state courts in Florida ruled that Schiavo's husband and legal guardian could have her feeding tube removed, Congress passed a special bill allowing federal courts to review Schiavo's case, and Bush signed it. But federal judges at all levels declined to issue a temporary restraining order that would have replaced Schiavo's feeding tube, and she died March 31.
Representative Barney Frank, a Massachusetts Democrat who argued against congressional intervention for Schiavo, said what DeLay wants will set a dangerous precedent -- investigating judges who rule in ways he does not agree with. He said DeLay has gone into ''auto-demonization mode" in recent weeks.
Rick Klein can be reached at rklein@globe.com. 