"On Thursday, April 20, [2000] the 11th U.S. Circuit Court of Appeals--the same court that rejected the pleas of Terri Schiavo's parents last week--turned down the Justice Department's request to order Elian removed from the home of his Miami relatives. Moreover, the court expressed serious doubts about the Justice Department's reading of both the law and its own regulations, adding that Elian had made a "substantial case on the merits" of his claim."
"clearly many of the people who approved of dramatic federal intervention to return Elian to Cuba took a completely different tack when it came to the argument over saving Terri Schiavo. Rep. Frank makes a compelling argument that Congress took an extraordinary step when it met in special session to create a procedure whereby the federal courts could decide whether Ms. Schiavo's rights were being violated. He may have a point when he accuses Republicans of "trying to command judicial activism and dictate outcomes when they don't like" rulings. But where were Mr. Frank and other liberals when the Clinton administration decided to sidestep a federal appeals court and order an armed raid against Elian Gonzalez? While Mr. Frank allowed that the use of assault rifles in the Elian raid was "excessive" and "frightening," he also defended the Justice Department's view that "of course [agents] had to use force."
"According to some reports, Gov. Jeb Bush considered seizing Mrs. Schiavo, à la Elian, and taking her to a hospital so she could be fed. But he did not do so. "I've consistently said that I can't go beyond what my powers are, and I'm not going to do it," the governor says. Janet Reno and the Clinton administration showed no such restraint when it came to Elian Gonzalez."