Will Promising Court Ruling Lead the Way to Saving Terri Schiavo's Life? (Wesley J. Smith)

LifeNews.com ^ | 2/18 | Wesley J. Smith

[nickcarraway]

Wesley J. Smith is a senior fellow at the Discovery Institute, an attorney for the International Task Force on Euthanasia and Assisted Suicide, and a special consultant to the Center for Bioethics and Culture.

"The darndest thing just happened," an early morning caller who is close to the Schiavo case enthused on my voice mail. "The Second District Court of Appeal actually decided to start applying the law." That would be big news. One of the most outrageous aspects of the Terri Schiavo debacle has been the almost universal adherence by the trial and appellate courts to the "The Rule of Terri's Case," a term coined by attorney Pat Anderson, who represents Terri's folks, Bob and Mary Schindler: "If following a legal procedure will likely result in Terri dying, it will be adhered to. But if a procedure could make that outcome more difficult to attain, it will not be followed."

Judges George W. Greer and W. Douglas Baird, both of the Sixth Judicial Circuit, have consistently applied The Rule of Terri's Case in their respective rulings. (Judge Greer is in charge of the guardianship case, and ordered Terri dehydrated to death. Judge Baird presides over the litigation filed against Gov. Jeb Bush by Terri's guardian Michael Schiavo to declare "Terri's Law" unconstitutional. Terri's Law permitted Bush to intervene and stop Terri's dehydration.)

Here's one example of Judge Greer following The Rule of Terri's Case: For nearly three years, he has not required Michael Schiavo to file the statutorily-required annual guardianship plan, which the court must approve each year in order to ensure that the ward receives proper and appropriate care. This protection is deemed so important in Florida law that court approval of the plan is the act that conveys legal authority upon the guardian to make decisions on behalf of the ward. Yet, in an astonishing application of the Rule of Terri's Case, Michael has six times requested--and Greer has six times granted--requests for time extensions in which to file the annual guardianship plans. As a consequence, there has been no court-approved plan in place to protect Terri since June 30, 2001.

Judge Baird has similarly adhered to The Rule of Terri's Case. First, he openly declared Terri's Law to be presumptively unconstitutional before Bush had even filed pleadings in the case. A court of appeal later ruled this wasn't bias and refused to remove him from the case.

Then, despite their direct and imminent interest in the case, Baird refused to permit the Schindlers to intervene as parties in the litigation over Terri's Law. He also granted Michael's request to bar the governor's attorneys from taking any depositions in the case, because, he said, allowing the collection of such evidence would merely rehash the already decided guardianship case--even though Bush was never a party to that proceeding. With these rulings under his belt, it seemed beyond doubt that Baird would invalidate Terri's Law as soon as the appeals brought by Bush and the Schindlers objecting to these and other early Baird rulings were brushed aside.

But now, a different panel of the Second District Court of Appeal than has previously ruled in the Schiavo cases has thrown a small monkey wrench into the legal machinery steadily moving Terri toward the precipice of death. The Court ruled that Judge Baird did not properly follow the law, both when he refused the Schindler's request to become parties to the lawsuit filed against Bush and when he prevented Governor Bush from taking depositions.

Upon reading the news reports, I was very excited. At first. But, when I downloaded the actual opinions, my initial enthusiasm ebbed. The Court of Appeal did not rule that the Schindlers must be allowed to intervene in the case, just that Baird "did not apply the [proper] rule" for making that determination. Nor is it certain that the Governor's requested depositions will ultimately be allowed to proceed. Instead, the Court slapped Baird on the hand for not engaging in proper legal analyses when issuing those decisions. Or, in other words, Baird disobeyed the rules of Florida law by following The Rule of Terri's Case, but the appellate court did not determine that the decisions themselves were necessarily erroneous. Thus, these victories could merely be a matter of forcing Baird to go through the proper motions in reaching the same conclusions.

Still, even though these rulings are minor victories, they are good news. An appellate court has finally required a Florida trial judge in the Schiavo case to follow the letter of Florida law. As a matter of fundamental due process, this is important. And, for all we know, following the proper rules might result in the Schindlers entering the litigation as parties, thereby permitting the formidable Pat Anderson to contribute her considerable legal skills to the cause. And better yet, perhaps the decision will result in Michael and others actually having to answer crucial questions under oath (but don't hold your breath). At the very least, however, the decision buys more precious time for Terri.

So my advice to all of Terri's many supporters is: Don't break out the champagne yet. These decisions are good news. But, at most, they are merely the first step in a thousand-mile journey to save Terri's life.

[nickcarraway]

Wesley Smith on Terri Schiavo

[nickcarraway]

BUMP

[floriduh voter]

Go Wesley! He's a nice guy.

[Golden Gate]

* America,  Help Terri   -   Michael  Won't! *

[Golden Gate]

* America,  Help Terri   -   Michael  Won't! *

[cyn]

thanks for the ping, nick. Great pictures, GG!

[cyn]

posted here from The Weekly Standard (with a different title).

[Golden Gate]

FYI - For the four photos, I should have included a caption, or the TITLE="" attribute in the <IMG=""...> tag.   Hover your mouse over each photo & see each TITLE / caption:
Captions:
1= "Terri before the 'unexplained incident'"
2= "Terri in her wedding dress"
3= "Terri, with neurological damage, in a 'locked in' state; but looking good"
4= (Terri is responding with a smile to her mother.) "Terri clearly shows the effects of 10 years of neglect, by orders of husband Michael Schiavo"

[Canticle_of_Deborah]

bump

[Golden Gate]

Pick & Click:
  www.terrisfight.org   .

"Where there's life, there's hope!" - Terri Schiavo

[Future Useless Eater]

Good article.

Another 380 posts on this subject occurred since Friday on a similar thread:
Appeals court ruling favors Terri Schiavo's parents

It amazes me how the liberal media silences this story when it goes in favor of saving Terri from her desperate husband.

On Friday thru Sunday there were 150 google hits for ("Schiavo" and "Appeals"). I know from experience that if the ruling Friday had leaned toward killing Terri, it would have had more like 5000 media stories.

I even noticed many of the more rabid pro-euthanasia papers chose instead to re-hash their most recent ANTI-Terri article, with NO MENTION of the Appeals Court rulings.

[phenn]

Brilliant article indeed. Wesley rocks.

Yes, I've noticed that the St Pete Slimes and Orlando Stinkenel haven't gone into the positive court rulings much. They have, however, published oodles of editorials condemning the Governor for his involvement, putting down the Schindler family, calling Terri everything from Comatose to Brain Dead.

The Schindler family have tried their best to cooperate with both of these papers and still, they don't offer both sides equally. Sadly, the average consumer will never know that because it truly is behind the scenes.

The Tampa Tribune has reported both sides pretty fairly. Likewise, the Chicago Tribune has done a few in-depth reports on the matter and has spoken to both sides. Ms. Sarah Foster of World Net Daily and Mr. Jeff Johnson of CNS News have both done lots of digging into the irregularities in the case and have reported on them. A lot of that goes unseen and unheard by the mainstream and it's a shame.

With people like Wesley J. Smith and Nat Hentoff penning critical pieces on the judiciary and the events of the past few years, it does help to open some eyes. It's a tremendous help. I just wish more writers would get the guts to do the same and, at very least, start asking the hard questions.

[phenn]

Florida House and Senate contacts:
http://terrisfight.org/housesenate.html

Session begins March 2 and Senate Bill 692 is not yet on the agenda. This bill makes it illegal to withhold food and water without prior written consent (advanced directive) from the patient. Either they let this bill be heard or they strike the law that calls food and water 'medical treatment'. If it's truly medical treatment, I should have the right to decide if I want it or not.

[UCANSEE2]

God moves in mysterious ways.

Sometimes God uses a paralyzed woman to 'move mountains'.


"tests" like this are being conducted everywhere.

God isn't going to 'ask' you if you love and accept him, then take your answer as acceptable proof.

He will confront 'you' with a situation and see if you chose an action that supports the WORD and LOVE of GOD or not. That is how you 'answer' his question.

[pc93]

Your help is needed immediately!

Here are some e-mail addys:

-> bellsouthpwp.net/p/c/pc93/emails.txt
___

This is a forwarded Action Alert from Friends of Terri Schiavo patient advocate Cheryl Ford, RN to all Terri Schiavo supporters:



From: Cheryl Ford RN Fight4Terri@aol.com



February 19, 2004



URGENT! URGENT!



***



GOVERNOR BUSH.....



TERRI NEEDS TO BE MADE A WARD OF

THE STATE OF FLORIDA NOW!





I just got off the phone with Suzanne Carr. The Schindler's are

very upset. It appears that Terri suddenly, and without known cause, began vomiting.



As in the MICHAEL SCHIAVO plan of attack....SCHIAVO has AGAIN given ORDERS to the nurses and doctors that under no uncertain terms are they to release any information to the Schindler's about Terri's condition.



I as a nurse, will say this to all of you.



This is not rocket scientist material. The picture is as clear as day. I feel like I am sitting in a theater and watching a premeditated murder mystery.



January 7th 2004, Michael Schiavo files for a petition to modify the visitation. In the petition he request strict orders to allow him to be the only person to dictate all orders with Terri upon her admit to an acute care setting.



Feb 14, 2004 Court Extends Schiavo Case!



Gov. Jeb Bush and Terri Schiavo's parents both won court victories Friday in their battle to keep the brain-damaged woman alive. Bush will get another shot at possibly questioning Michael Schiavo and his relatives about their contention that his wife made statements

before her illness indicating that she would not want to be kept alive

in such a state.



February 17th--- Terri begins vomiting. Doctors and nurses at Parkside are given STRICT orders by Michael Schiavo to NOT talk to the family. They are NOT permitted to PROVIDE any information at ALL about their daughters condition.



My constitutional rights allow me to tell you what I suspect and wonder as a nurse with 25 years of experience.



Was the RATE of Terri's tube feeding increased?



Was Terri laid flat while being tube fed?



As a nurse, there are many questions I have as to WHY Terri has suddenly began vomiting??????



ALL Nurses, even Michael Schiavo R.N. understand the potential dangers and outcome of aspiration pneumonia.



We need to WRITE letters to Governor Bush's NOW!



Times is of the essence!



Terri needs protection!



Terri NEEDS to immediately be made a WARD of the state of Florida!



Please, I implore you to write to Governor Bush NOW!

Request that Governor Bush step in and make Terri a temporary ward of the state of Florida!



Please! WRITE to the Governor now!



jeb.bush@myflorida.com



CALL THE GOV AT:



(850) 488-4441



(850) 488-7146



TERRI IS IN HARMS WAY!



Governor Bush ~ the people need you to step to the plate again to protect Terri while you have Michael Schiavo under questioning.





CHERYL FORD, R.N.

[UCANSEE2]

I sent an email. In God's way and name. I pray for God's will to be done, for Terri. He will let Gov. Bush and each of us know individually what we must do.

Everyone just listen.......

[HiTech RedNeck]

This is the nightmare where Felos and ilk wants the trend to go:

UK 'Right to Life' test case begins

(believe it or not, in Britain it is legal for the doctors to unilaterally choose to withhold feeding -- I take this includes hydration -- against everyone's express wishes, including the patient's; this court case is by a dying patient who challenges this rule)

[supercat]

(believe it or not, in Britain it is legal for the doctors to unilaterally choose to withhold feeding -- I take this includes hydration -- against everyone's express wishes, including the patient's; this court case is by a dying patient who challenges this rule)

Do they have the right to prevent the patient's relatives from removing the patient from the hospital and feeding the patient elsewhere?