Schiavo's case lands in Congress

St Petersburg Tines Tampa Bay ^ | 3.11.05 | ANITA KUMAR, Times Staff Writer

[Socratic]

"Unfortunately I don't think this will make much of a difference."

You're probably right. (sigh)

[Dog Gone]

Before your post, I looked them up. They're a law firm specializing in pro-life causes.

Fine. I don't know every law firm in this country, and nobody does. So please don't diss me for not knowing them and that fact somehow reflecting on my knowledge of the law.

That's a total disconnect. If you want to make more of an issue of this, let me know.

[Issaquahking]

I think your spot on. IF her P.O.S. husband had any respect for her, he would let the world see her through the press. Till I see Terri actually make some indicative action before the camera, or expressed opinion from her parents, I will believe that it is this woman's will to live. As a U.S Citizen, I should always hope that she too has the right to Life, Liberty, and the pursuit of happiness!

The Unanimous Declaration of the Thirteen United States of America.
When, in the course of human events, it becomes necessary for one people to dissolve the political bonds which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers form the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

I watched my parents die difficult deaths from emphasis and leukemia, and I did everything I could to comfort them to their last breath. They left this world when they were called home, part of the living trust called out that there would be no advanced life saving procedures used to extend their lives ( it's sickening when you learn some of the politics of the living dead for the purpose of paying unscrupulous doctors).

If a feeding tube is an advanced life saving support, it should be Terri's decision as to when it time for it to come out.

[supercat]

You can't argue with a straight face that Terri has been deprived of due process in this matter. It's the most litigated "end of life" case in our nation's history.

How many court fact-finders have determined her wishes?

How many court fact-finders have determined her condition?

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Check out the song "BIRD IN A BARREN CAGE"
Lyrics available here.Recorded performance here (20kbps).

[Diva Betsy Ross]

The Thomas Moore Law Center has been working on this case for quite a bit now. They are recognized by Conservatives and have been quoted by many conservative and right leaning sources. I am not dissing you I am pointing out that there are many people who have been working on this and who know this case better than you do.

As I said you are just as entitled to your personal opinions as anyone else, but there has been a great deal of work done on this case that even seemingly conservative people in their right minds are not paying attention to.

[supercat]

No. If a state violates a person's constutional rights, it does not grant Congress the power to override state law.

Terri is being denied equal protection under law on account of her incapacity, in violation of Amendment XVI.

Section 1. ...nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.

Section 5: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

So it would seem Congress does have the authority.

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Check out the song "BIRD IN A BARREN CAGE"
Lyrics available here.Recorded performance here (20kbps).

[Dog Gone]

Due process doesn't require a specific number of fact-finders, but quite a few people have been involved in gathering the evidence that was evaluated. And the conclusions that the court made were appealed and reviewed by others.

I believe I've consistently said here all along that my interest in this case is because I find the legal issues compelling.

I'm not at all convinced that Terri should have the tube removed. I want more tests done to see if she's really inside. On the other hand, if the tests show she's not, I'd let the body go.

But my main point on this thread is that the Florida legislature can make my opinion irrelevant, simply by passing an uncomplicated bill. Almost nobody seems to care or notice. They'd rather argue about it than do anything.

[Diva Betsy Ross]

The family needs to make it clear that they will proceed ,and name Greer and others ,in a wrongful death suit if Terri is killed. Civil suits will follow Terri's killing.Terri needs to be in protective custody. I have a feeling that is the next move.

[CajunConservative]

The thing is she is physically healthy. She's not dying. Would you want to be starved and dehydrated to death while still physically healthy?

I will tell you what it is a horrible horrible thing. I had a cousin who suffered a stroke at a young age and she was brain damaged. She was in a similar state as Terri, except she was a petite thing. Her husband found him a new honey and decided it was time to let her go. It took her over 3 weeks to die and she looked like a skeleton with skin on. Her hands were like claws.

It was very disturbing to say the least. Her brother knows that it was wrong to starve her to death. He is haunted with what happened. Her husband remarried within a month and now the grandparents are watching the same bastard and the witch abuse the kids. They are going for custody.

When a person is truly terminally ill their body naturally refuses food. The organs are shutting down and death is imminent anyway. In cases like Terri and my cousin death is not imminent unless it is at the hands of someone else.

[Dog Gone]

If you take equal protection to its extreme, there is no constitutional basis for any state law being different from any other.

Equal protection under that definition means no more states. Think about it.

[PhilDragoo]

Schiavo Attorney Felos No Stranger To Medicare Fraud
http://www.theempirejournal.com/0311051_schiavo_attorney_felos_n.htm

The only reason Terri Schiavo is terminal is: Judicial Tyranny

[supercat]

Oh, for pete's sake. The Florida legislature could vote to remove "including artificially provided sustenance and hydration" from one provision of the Statutes and this case would be over. They could pass that in about an hour.

IIRC, the SCoFla has already ruled that to be unconstitutional (in the Browning decision, iirc), which is part of what led to the legislature changing the law to conform to the SCoFla's edict.

[supercat]

Yes, I've already contacted my Congressman and told him that these are matters for families, not federal legislators, and that Congress should butt out.

It is a matter for familes. HINO, Felos, and Greer should butt out (a married man who has moved in with another woman, sired two kids be her, and pledged to marry her, is hardly "family" to the estranged wife).

[bjs1779]

Something I find amazing is that people who usually like the Constitution and Bill of Rights, suddenly don't like it so much if it can be used to save the life of a useless eater.

You are exactly right BykrBarb. Stick with it.

[ArmyTeach]

Listening to the radio this afternoon, specifically the sit-in for Michael Savege. Did a good job. But he didn't make the point that Terri is not, I repeat, NOT on life support. She is in fact phycically in good health. we don't know if she can swallow or not. He made the point that starvation and dehydration is not compassionate, but in fact painful and prolonged. He made a good case for all the other points in Terri's favor.

[Dog Gone]

Wow, I find that hard to believe. Anything is possible of course. I've never heard of the Browning case, but I can't imagine that the Florida Supreme Court would rule that the legislature couldn't amend its own laws. They're nuts, but they're not that nuts.

[Diva Betsy Ross]

Oh my Gosh. How do these people look at themselves in the mirror. The only thing I can think of is that they are soulless.

[seekthetruth]

Maybe;)

So Michael Schiavo's refusal to accept the $1million means that there is more than $1million in the Medical malpractice Award fund.

That may be true, but I think he refused the one million because he is afraid that if Terri gets some rehab she just might start communicating! I believe if Terri gets to speak or communicate in some way, Michael will go up for attempted murder!

[xzins]

It is illogical to think that the constitution protects the life of death row criminals exclusively. These provisions protecting due process in taking the life of criminals are provisions that present the extreme case. If the extreme case gets these protections, then certainly innocent citizens are guaranteed these rights as well. Otherwise, the constitution is a preposterous document.

And, if the constitution is protecting the death row criminal with this blanket statement and does not say specifically that it is an issue delegated to the states, then it is an issue enforceable on a national level.

[supercat]

Listening to the radio this afternoon, specifically the sit-in for Michael Savege. Did a good job. But he didn't make the point that Terri is not, I repeat, NOT on life support. She is in fact phycically in good health. we don't know if she can swallow or not. He made the point that starvation and dehydration is not compassionate, but in fact painful and prolonged. He made a good case for all the other points in Terri's favor.

IMHO, one of the biggest points that needs to be hammered home is that despite the existence of affidavits claiming that Terri used to take food by mouth (after her 'collapse'), Michael forbids such and such prohibition will remain in effect if gastrostomic feeding is discontinued.

If the parents were allowed to make bona fide efforts to feed Terri by mouth (and have her tested for sedatives or other drugs), with the consequence that if they succeeded she'd live and if they failed she'd die, I wouldn see that as vaguely acceptable (probably because I have faith that if God wants Terri to live, she'll be able to take food by mouth). But any person, no matter how healthy, will die if they are prevented from receiving any food or water.

Many people don't realize that the primary reason Terri needs "life support" is that Michael won't let her be fed any other way. I think if they realized that, they'd find his actions entirely repulsive.

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Check out the song "BIRD IN A BARREN CAGE"
Lyrics available here.Recorded performance here (20kbps).