Can Bush Pardon Terri Schindler-Schiavo?

california republic ^ | 11/8/03 | Patterico

[eartotheground]

Murphy v. Ford, 390 F. Supp. 372 (U.S. District Court, W. District of Michigan, 1975) Murphy, a Michigan attorney, brought suit for a declaratory judgment against President Gerald Ford invalidating the pardon on grounds that a pardon could not be legally granted to an individual who had not first been indicted or convicted of a crime. Chief Judge Fox said: "The fact that Mr. Nixon had been neither indicted nor convicted of an offense against the United States does not affect the validity of the pardon. Ex parte Garland, 4 Wall. (71 U.S.) 333. In that case the Supreme Court considered the nature of the President's Pardoning Power, and the effect of a Presidential pardon. Mr. Justice Field, speaking for the court, said that the Pardoning Power is 'unlimited,' except in cases of impeachment."

[Eagles6]

Excellent post. Great idea. Wonder how it would look if federal marshals stormed the hospital room to rip out the feeding tube from Terry ala Elian Gonzales? Let's keep on Dubya. Prolifers and 2nd amendment voters elected him. I still need to see what Scalia, Thomas and Rhenquist said about this case.

[beaversmom]

The article is an interesting perspective--one that I had not considered. Where is Sister Prejean and others of her persuassion or would she only care about Terri and her plight if she were a murderer?

[Graymatter]

This Supreme Court and this President are not going to save Terri.

[chas1776]

Terri only chance to do something worth while in this society is to become an organ dornor.

[Prince Charles]

By contrast, Ms. Schiavo -- who killed nobody -- was condemned to death based on factual findings made, not by a jury, but by a single probate judge. That judge was not required to decide the facts of her case beyond a reasonable doubt. Rather, the judge ordered that Ms. Schiavo be starved and dehydrated to death, after making factual findings according to the lower "clear and convincing evidence" standard applicable in many civil cases.

A sound and reasonable observation.

[STARWISE]

Amazing Left Coast Article.

God Bless Terri and her family. They wouldn't allow a dog to suffer by starvation and dehydration .. it's criminal! Judge Greer, George Felos, Michael Schiavo and his concubine have some kind of bad karma coming in their lifetimes.

[ZULU]

This entire case is a no-brainer.

Why should this woman be murdered by juridical fiat for having committed no crime if her parents are willing to assume her care??

And why is that blood-thirsty s.o.b who calls himself her husband so bent on pulling the switch???

If NOTHING ELSE. this demonstrates the total arrogance, inconsisteny and elitism of the politically connected ambulance chasers who sit on our courts.

[danamco]

And why is that blood-thirsty s.o.b who calls himself her husband so bent on pulling the switch???


1. So he can get hold in her money awarded for medical malpractice!

2. So that he can marry his mistress with whom he has fathered children!!

3. The devil who hates life is at play!!!

[Gondring]

So it is possible for a Chief Executive to "pardon" someone who is free and imprison her with it against her will?

I don't think the case has been made. I suppose that's a good thing, since I wouldn't want an activist executive any more than an activist judiciary.

[lainde]

This case is morally reprehensible. This was an excellent summary. BTTT

[MarMema]

Why, then, do we not accord her at least the same protections under the law that we would accord to someone charged with deliberate, cold-blooded murder?

Because she is disabled.

This is all about people who cost money and take a lot of time to care for, and our movement into a utlitarian healthcare system.

[japaneseghost]

I wonder what the odds are in Vegas, that after the feeding tube is pulled, that she lives.

It's been done before.

I'm now looking at a lovely rose blossom, that 3 weeks ago was a dead looking green stick without any leaves.

If God wants her to live, she will live. Amen.

[trustandobey]

I don't know what Jeb or W can do, but I know one thing, they had better do something and do it quickly! The support that we gave to them believing that they are pro-life is dwindling. If they cannot save an innocent disabled person, they have no respect from me.

[Former Military Chick]

I had thought about your idea, organ donation, but, she has been kept alive on a feeding tube, body atrophied, all types of medicine in her system. Perhaps, and I do not mean to sound grim or uncaring but they could donate her body to a college where they see what they can learn how this accident affected her. It is a sad case for sure.

[supercat]

By contrast, Ms. Schiavo -- who killed nobody -- was condemned to death based on factual findings made, not by a jury, but by a single probate judge. That judge was not required to decide the facts of her case beyond a reasonable doubt.

Not only that, but nobody who didn't want her dead was allowed to subpoena and present all available evidence on her behalf.

IMHO, the next avenue for Jeb Bush to persue would be the fact that there is no legal basis for denying oral food and hydration; to the contrary, there is a duty to make all reasonable efforts to provide it. I would think he could order that Terri be monitored by someone who would ensure that bona fide efforts were made to give her oral food and hydration.

[supercat]

I wonder what the odds are in Vegas, that after the feeding tube is pulled, that she lives.

If Terri is denied oral food and hydration as well as gastrostomic food and hydration, her odds of survival would be no worse than any healty person who was likewise denied both oral and gastrostomic food and hydration.

I.e. zero.

As to whether Terri could receive food and water orally, Michael has forbidden anyone from even trying.

[Allosaurs_r_us]

"They wouldn't allow a dog to suffer by starvation and dehydration .. it's criminal!"

 

No, the loved one's of the dog would humanely put the poor thing out of it's misery without fighting amongst themselves.

[Ohioan from Florida]

I wish that would be the case, but alas, it will never happen. Michael has orders for her cremation immediately upon death. Why do you suppose that is? Because he does not want her body to be autopsied. Why not? Because they may be able to explain how she got all those broken bones, you know, the ones in her femur and her ribs, along with many others.

Also consider that while Michael's attorney spouts that having food and water withheld is a perfectly painless way to die, you realize that going without water for several days would be totally tortuous if you were to deny yourself water. That's one of the reasons they give morphine to people on their death beds. It's to keep the horrible pain from overwhelming them.

Remember how awful it was for those children in Russia when those Chechens held them hostage? That was only 3 days worth of dehydration.

Terri's organs wouldn't be good to anyone if they are so dried out that she succumbed from dehydration.

[STARWISE]

Neither you nor I are equipped to judge if her experience is "misery." She's a living, precious child of God, and the precious child of two loving and devoted parents who only want to care for her. Terri has been denied therapy to re-learn swallowing and all basic human decency by her evil "husband."