People who blame Bush and the courts aren't thinking this through. And quit sendng hatemail to blogs who don't agree with you - conservatives are supposed to be better than that, and it makes Pro-lifers look like DU Moonbats.
From Powerline:
"This fact is of crucial importance -- and it's one often not fully appreciated by the media, who like to focus on the drama of cases going to the big, powerful appeals courts: Once a trial court enters a judgment into the record, that judgment's findings become THE FACTS of the case, and can only be overturned if the fact finder (in this case, the judge) acted capriciously (i.e., reached a conclusion that had essentially no basis in fact).
In this case, the trial judge simply chose to believe Michael Schiavo's version of the facts over the Schindlers'. Since there was evidence to support his conclusion (in the form of testimony from Michael Schiavo's siblings), it became nearly impossible for the Schindlers to overturn it. The judges who considered the case after the trial-level proceeding could make decisions only on narrow questions of law. They had no room to ask, "Hey, wait a minute, would she really want to die?" That "fact" had already been decided."
http://www.powerlineblog.com/
Your point is well taken and reinforces my opinion that process triumphed over morality in this instance. It also makes clear the absolute requirement for a de novo examination of this matter since the primary fact, Terri Sciavos's purported wishes, is subject to legitimate and reasonable attack. I believe such a reconsideration was contemplated in the act of Congress and the Executive but, unfortunately, the Judiciary failed to follow through and implement this stated will - And it was at both State and Federal levels of the Judiciary that this failure occurred.
I fail to see what is hateful in my letter. I didn't know that the Free Republic is a blog. As for your link to powerlineblog, I would suggest you spend more time reading history. Talking about legal process is about as entertaining as looking at Buddhist monks look at their bellybuttons while chanting. When people FEEL they are getting screwed, they break into a rampage like lopping off heads and stringing up their enemies. They usually reach that point after the rules driven bureaucrats are so onerous that revolt is more attractive than peace with injustice. We have moved one step closer to such a state. Justice is a thing one feels. To babble on solely about legal process is idiocy.
This seems really unfair. What do you do if the judge is biased?