Oh, I'm an Evil Satanist Death-Cultist because I've dared to criticize some of the more over-the-top, hysterical nonsense that has been posted.
In reality, my position is that, absent a specific written directive, the assumption should be that the person wishes to receive medical care. I don't think a feeding tube should be pulled based solely on verbal testimony. However, I also recognize that what happened is perfectly legal under Florida law. The problem lies with the legislature, and the solution is to lean on them to change the law. The judges followed the law, and are getting blamed for doing so. The irony is that the Schindlers were asking the courts to engage in precisely the kind of judicial activism that people around here supposedly decry. I saw posts lambasting Judge Birch from the 11th Circuit, and this guy is one of the most socially conservative judges on the federal bench.
there has been way way way too much hysteria and repeating of rumors and proven falsehoods.
Then the law is a ass.
You are right that there is a twist of fate in the people looking for "judicial activism." I believe there is a reason we have human judges and not robotic dispensing of "justice" according to algorithms laid out by a legislature. That is to allow judicial discretion, which I find lacking here.
There is a danger when judges ignore the law, or create it on their own. But there is an equal danger when judges become little more than machines.
As for the Federal justices, they clearly disregarded the intentions of the Congress and Presidet in refusing a de novo hearing of the facts of this case. That is inexcusable. There is no question what Congress intended.
SD
I agree, but thats how it always happens on something like this, comes with the human condition. :)
I believe more then anything that the main players in this are associated with the culture of death, they have been pushing an agenda and have managed to work within the bad laws of FL to achieve their goal. They had their victory, but that don't make it right or justifiable in any way.
We are only as good as our world view.
Like Dave said in this case the law is an ass.
BigMack