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Law to keep brain-damaged woman alive ruled unconstitutional (Baird Rules Against Terri)
Sun-Sentinel ^ | May 6 2004

Posted on 05/06/2004 11:07:29 AM PDT by nickcarraway

TAMPA -- A judge ruled Thursday that the law pushed by Gov. Jeb Bush to keep a severely brain damaged woman alive is unconstitutional. The governor's office filed an immediate appeal.

(Excerpt) Read more at sun-sentinel.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; Miscellaneous; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: courts; florida; hospice; law; medicine; righttolife; schiavo; terrischiavo
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To: nickcarraway
Baird ruled that the so-called "Terri's Law" is unconstitutional because it violates the Schiavos' right to privacy and because it delegated legislative power to the governor.

I guess it's becoming more and more the wave of the future to equate "privacy" with "murder".

41 posted on 05/06/2004 12:13:25 PM PDT by inquest (The only problem with partisanship is that it leads to bipartisanship)
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To: FL_engineer; Ohioan from Florida
joining you in that sick feeling.
42 posted on 05/06/2004 12:14:09 PM PDT by cyn (http://www.terrisfight.org)
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To: inquest
the right to murder in private, both at the beginning and the (presumptive) end of life.
43 posted on 05/06/2004 12:15:25 PM PDT by cyn (http://www.terrisfight.org)
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To: Gelato
The unrighteous judge says the law is 'unconstitutional'.

Perhaps he attended public skool, and doesn't understand the plain meaning of words.

Amendment V to the U.S, Constitution:

"No person shall be...deprived of life, liberty, or property, without due process of law..."

As this helpless young woman has committed no crime, there can be no doubt in any thinking person's mind that she is completely covered by this provision.

And the American Declaration makes clear this truth: All people have an unalienable right to life, bestowed not by man, but by the Creator.

And if this ignoramus is referring to some imaginary violation of the Florida Constitution, he obviously has failed to comprehend it too:

CONSTITUTION OF THE STATE OF FLORIDA

PREAMBLE

We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all, do ordain and establish this constitution.

ARTICLE I

DECLARATION OF RIGHTS

Sec. 2. All natural persons are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty...No person shall be deprived of any right because of race, religion or physical handicap.

44 posted on 05/06/2004 12:16:39 PM PDT by EternalVigilance
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To: Gelato
Good to see you, my friend. I hope you and yours are doing well.
45 posted on 05/06/2004 12:19:35 PM PDT by EternalVigilance
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To: Wheee The People
I'm sure there are a lot of people we can say that of--so who do you suggest should first of all determine the quality of life and then end it? And if you say the person whose life is being ended, well how do you determine that if the person can not speak for themselves? What is enough to determine the person would have continued or ended their lives? A flip comment after an emotional movie viewed 15(?) years ago coupled with the demands of a husband who is involved quite intimately with another woman seems to be the test in Terri's case. If that were you, would you want your life ended based on a flip comment made after an emotional event or movie and made by a spouse whose committments lie elsewhere presently?
46 posted on 05/06/2004 12:20:37 PM PDT by cupcakes
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To: Wheee The People
If I were in Terri's place I would want the tube pulled, and I have a living will to that effect. Terri however does not and it would appear the husband may have some other motivations. A difficult situation indeed for all invovled. In this case I would err on the side of caution and have her life continue.

Do you have your living will in order?
47 posted on 05/06/2004 12:22:09 PM PDT by Ignatius J Reilly
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To: tutstar
http://www.petitiononline.com/mod_perl/signed.cgi?nutmeg97
48 posted on 05/06/2004 12:22:49 PM PDT by KDubRN
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To: Wheee The People
And who would step in if your wife was corrupted somehow?
Would you still wish your spouse to determine your fate if she was carrying on with and having babies with another man? If she was bound to you, why then would she be out making children with another person? You presume that we are dealing with a spouse who loves and is invested in his wife. He is not, he is invested in an adulterous(he's still married to Terri) relationship with another woman. If this was her wish all along, why did Michael fight so hard to win money in the beginning for her long term care and therapy? Wouldn't he have moved from the very beginning to allow her life to be ended? He could still have fought for a settlement that would compensate for the loss of life and disability instead of lying about needing the money to rehab and care for her. Something is a little fishy here.
49 posted on 05/06/2004 12:32:04 PM PDT by cupcakes
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To: Wheee The People
What a SICK comment!!!!!!!!!!!!!!! So for all of us that find this earth unpleasant, we should just go around wiping people out??? Get a life!!!!
50 posted on 05/06/2004 12:33:26 PM PDT by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: nickcarraway
The Constitution sure seems to have an awful lot of justification to kill Americans in it.

I'm amazed.
51 posted on 05/06/2004 12:37:55 PM PDT by hattend
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To: FL_engineer
I started to post this the other day on the 'Dentist Blasts....' thread:

FL_Engineer

Beautiful post.

The protester with the "Hospice or Auschwitz" sign brought something to mind. If the devils get their way in all of this, the state of Florida may be able to get a brand new footnote in a book about some of Hitler's 'finest'.

CHAPTER IX
THE SAME OLD TUNE
http://www.toolan.com/hitler/sameold.html

Scroll down to the part about Florida:

'A bill to be entitled
An act relating to the right to die with dignity; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. All natural persons are equal before the law and have inalienable rights, among them the right to enjoy and defend life and liberty, to be permitted to die with dignity, to pursue happiness, to be rewarded for industry, and to acquire possess and protect property. No person shall be deprived of any right because of race religion or national origin.

Section 2. Any person with the same formalities as required by law for the execution of a last will and testament, may execute a document directing that he shall have the right to death with dignity, and that his life shall not be prolonged beyond the point of a meaningful existence.

Section 3. in the event any person is unable to make such a decision because of mental or physical incapacity, a spouse or person OR PERSONS of first degree kinship shall be allowed to make such a decision, provided written consent is obtained from:


The spouse or person of first degree kinship or

***in the event of two (2) persons of first degree kinship BOTH such persons or

***in the event of three (3) or more persons of first degree kinship THE MAJORITY OF THOSE PERSONS.....'

Possibly it didn't pass the first time around because Hitler's cadets wanted to make sure there was no escape for the victim!

THE MEN BEHIND HITLER
A German warning to the world
by Bernhard Schreiber

'...DEDICATION
http://www.toolan.com/hitler/index.html

This book is humbly dedicated to the memory of countless ordinary people - those men, women, children and babies of many races and beliefs, whose lives were taken because they were considered less than perfect and, therefore, unworthy to live.
I hope that this small book will serve in its own way to keep their memory alive and that it will help to remind us all of the price we have to pay when extremists have the power to decide upon our right to live.....' http://www.toolan.com/hitler/index.html

[This was only the beginning of what I had to say].



52 posted on 05/06/2004 12:42:18 PM PDT by Ethan_Allen (Gen. 32:24-32 'man'=Jesus http://www.preteristarchive.com/Jesus_is_Israel/index.html)
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To: tutstar
Thank you for the link. Here are more after accident/before MS got his money, photos:

May God bless all those who are injured and even those who are ignorant of other people's suffering.

53 posted on 05/06/2004 12:47:34 PM PDT by tuckrdout (Terri Schindler (Schiavo) deserves to have her wishes honored: Give her a DIVORCE!)
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To: Gelato
Unbelievable is right. I guess our Constitution reads "We the Judges of the United States of America..."
54 posted on 05/06/2004 12:53:53 PM PDT by The Ghost of FReepers Past
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To: nickcarraway
When can this case get into the federal courts?

The local judges are all bought and worthless.
55 posted on 05/06/2004 12:55:09 PM PDT by Canticle_of_Deborah (The day the Church abandons her universal tongue is the day before she returns to the catacombs-PXII)
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To: nickcarraway
Just received this from Fight4Terri:

Today, Judge Baird ruled that Terri's law is unconstitutional.
Furthering an order for Governor Bush to be enjoined and restrained from exercising any authority with regard to his involvement's in the case.
Judge Baird also ordered Governor Bush be disallowed discovery or deposition in the case.

The Governor's attorney's have already filed an appeal in the appellate court which places all into a temporary stay until heard.

This does not prevent George Felos from asking the Judge to lift the stay and request that Terri's tube be removed.
56 posted on 05/06/2004 1:05:39 PM PDT by wisconsinconservative ("The penalty good men pay for indifference to public affairs is to be ruled by evil men.")
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To: Wheee The People
Should I be unable to speak for myself, she and not the court, the church, or the state or anyone else (other than God) is empowered to decide the manner of my death.

What if she was the one who caused you to be unable to speak for yourself. What if it's she and her fiance and the two kids they had together were the ones speaking for you? What if she won a cool million for treatment for you but then denied any and all treatment including something as simple as an antibiotic shot for an infection? What if she denied your family and friends from visiting you? What if even though you were capable of watching tv and responding to it, she pulled it and all the pictures out of your room? What if it were only her fiance who was allowed in your room? In Terri's case, none of this is "what if". In Terri's case this is real life.

57 posted on 05/06/2004 1:14:18 PM PDT by mtbopfuyn
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To: 2nd amendment mama; A2J; Agitate; Alouette; Annie03; aposiopetic; attagirl; axel f; Balto_Boy; ...
Of course it's unconstitutional! The Founding Fathers clearly believed that starving a woman to death is a merciful act. It says so in the Constitution, right here in Article mumble-mumble Section mumble-mumble, and anyone who says different is a fascist bigot who can pull my finger!

ProLife Ping!

If anyone wants on or off my ProLife Ping List, please notify me here or by freepmail.

58 posted on 05/06/2004 1:18:05 PM PDT by Mr. Silverback (Terri Schiavo deserves to have her wishes followed--grant her a divorce!)
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To: Gelato
Interesting that the face of evil is often so banal.
59 posted on 05/06/2004 1:19:29 PM PDT by absalom01
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To: Ohioan from Florida
No surprise - he had said before the trial Terri's Law was "presumptively unconstitutional" - what a crock! I knew from the start he was just po'd that anyone would question the wise and all-knowing Florida Judiciary. This makes me totally sick! All of those scumbag judges make me sick! This country is going to hell in a handbasket because of judges who think they are God! With the help of the stupid sheeple that think if you can't be a "productive member of society" you don't even have a right to live.

I honestly don't know how Baird and Greer can look at themselves in the mirror anymore. They are a disgrace!
60 posted on 05/06/2004 1:26:53 PM PDT by iowamomforfreedom (The right to die? or the right to be killed - http://www.life-or-death-decisions.org)
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