TERRI SCHIAVO DAILY MARCH 2005 PART 3, PLEASE STICK WITH US, WE'RE HALFWAY THERE...

various ^ | 3/21/05 | various

[Ohioan from Florida]

Continuation of Terri Schiavo daily March threads. Due to overwhelming participation we reached over 5000 posts in three days time!

[Graymatter]

I guess he's helping DeLay dump all those subpoenas in the trash bin. I don't know. Let them issue more, I say. And get a judge---any judge, wake up the blooming JOP in Gobbler's Knob, Pennsylvania for all I care---to enjoin hospice from dehydrating Terri, and have the Governor of FL enforce it. When you get right down to it this can only be a state matter (in which case it's Jeb's watch) or a federal matter (W's watch) or both. If the Deathocrats are so hot for states' rights these days, let Jeb have at it.

Like I said before, In Emergency Break Glass. Got nothing else, Jeb, throw your career through it because if you don't your career is as useful as a dead cat around your neck.

[LadyPilgrim]

Is there a new thread going to start?

I have grandchildren and DIL here for Spring Break, and won't be able to check in like I want to.

Please ping me if another is started.

God Bless you and God Bless sweet Terri! I am continuing to pray and believe.

Thank you! ;-)

[TruthSetsUFree]

VERY interesting take on it here:

http://timbayly.worldmagblog.com/timbayly

[SvdByFaith]

Yep. They don't want anyone to find out that she can eat. It's better to tell everyone she will choke and die. Wait....I thought they WANTED her dead?

[bjs1779]

I read "PRACTICALLY" strip-searched on a post, correcting themselves.

I could be wrong, but that is what I thought Terri's dad said today on Hannity's radio show.

[TruthSetsUFree]

VERY interesting take on it here:

http://timbayly.worldmagblog.com/timbayly

[windchime]

I was concerned about agents of DOJ, DFC or State Police, etc. that might be needed to accomplish protective custody. I was wondering if the guards would engage them violently, since they're armed.

[AmericaUnited]

Here's the ACLJ Amicus Brief:

AMICUS BRIEF OF CONGRESSMAN DAVE WELDON,
THE AMERICAN CENTER FOR LAW AND JUSTICE, AND LIBERTY COUNSEL IN SUPPORT OF EMERGENCY INJUNCTIVE RELIEF ARGUMENT

This is not a “right to die” case. Rather, this case is about efforts to protect a vulnerable, disabled young woman from harm at the hands of those with manifest conflicts of interests.

This case has a long and complex history. The overriding question here, however, is whether to restore the status quo -- food and fluids for Terri Schiavo -- so that she will not die before the various important questions at issue can be duly sorted out.

I. Life-threatening situation

Terri Schiavo’s life is in imminent jeopardy. Her death will irreparably prejudice the proceedings herein. An injunction can always be reversed. But this Court has no power to resurrect the dead. Cruzan v. Director, Mo. Dep’t of Health, 497 U.S. 261, 283 (1990) (“An erroneous decision to withdraw life-sustaining treatment . . . is not susceptible of correction”).

To delay is to sentence Terri to an inhumane death. If she were a cat or a dog, her death by starvation and dehydration would not be tolerated. If she were a convicted felon, her death by starvation and dehydration would not be tolerated. Cf. State ex rel. White v. Narick, 170 W. Va. 195, 292 S.E.2d 54 (1982) (convict has no right to starve to death, even voluntarily); People ex rel. Ill. Dep’t of Corrections v. Millard, 335 Ill. App. 3d 1066, 1070, 782 N.E.2d 966, 969 (2003) (same) (citing cases).

That she is a gravely mentally disabled woman should not place her beyond basic human decency.

II. Factual assumptions

Because this case arrives at an emergent pleadings/TRO stage, this Court must indulge all factual inferences in favor of the complainants. Thus, this Court must assume that Terri Schiavo is not in a “persistent vegetative state,”
that she is aware and able to communicate, and that she could benefit from rehabilitation therapy.

Further, this Court must assume that Terri does not wish to die from starvation and dehydration, and that defendant Michael Schiavo, her estranged husband and legal guardian, wants Terri to die for his own selfish reasons (to inherit her estate and to marry his live-in fiancée).

It is black-letter law that, at the pleadings stage, a court must assess the facts in the light most favorable to the complaining party. E.g., Nelson v. Campbell, 124 S. Ct. 2117, 2120 (2004) (“we assume the allegations in [the] complaint to be true”).

In the present case, that means this Court must assume the following:
· Terri Schiavo is not in a “persistent vegetative state,”1
· Terri’s condition is neither terminal2 nor untreatable; rather, she could benefit
from therapy and regain some or all of the functions she has lost;
1See Fla. Stat. § 765.101(12) (“persistent vegetative state” defined to require “unconsciousness,” total absence of voluntary action and cognition, and inability to “communicate or interact purposefully”). Terri plainly does not satisfy this definition. See infra note 3.
· Terri is aware of her surroundings and is able to communicate;3 with therapy, Terri might regain some or all of her speech skills;
· Terri did not and does not want to die, especially by starvation and dehydration;4 2Terri turned 41 on December 3, 2004. 3See www.terrisfight.org (linking to videos of Terri).
4In his previous challenge to a Florida law that authorized the restoration of food and fluids to Terri, Michael Schiavo himself conceded in the state supreme court that, under his legal theory, determining Terri’s “intent” is “not material,” and that even if a “hundred juries” found against him on the issue of Terri’s intent, the challenged law would still supposedly be unconstitutional under the Florida constitution. Answer Brief at 9, Bush v. Schiavo (Fla. July 23, 2004). If Schiavo defends the current action on purely legal grounds, the same point would hold. If he defends on factual grounds, by contrast, an evidentiary hearing would be necessary, and the need for interim relief to preserve Terri’s life pending such a hearing would be obvious.
· Michael Schiavo, Terri’s legal husband and guardian and a defendant here, is living with another woman who has borne him two children; he wants Terri to die so he can marry this other woman without divorcing Terri;
· Michael Schiavo refuses to divorce Terri because to do so would cut off his inheritance of what remains of her assets;
· Michael does not have Terri’s best interests at heart; in fact, he may be responsible for having caused her condition (by battering her) and may have repeatedly physically abused Terri when she was still competent.
Michael Schiavo certainly has the right to contest the facts. In the present posture of the case, however, these factual suppositions must be taken as true.

CONCLUSION
This Court should grant immediate relief, restoring food and fluids to Terri Schiavo.

See www.terrisfight.org/images/bonescan.jpg (bone scan report finding evidence of “history of trauma”).

[AmericaUnited]

That make me more hopeful. Also reading the ACLJ Amicus Brief give hope.

[windchime]

"Are you getting brave?"

LOL! Not that brave. My reason for asking is on a post a little before this one.

[Freepertwo]

One reason I'm thoroughly convinced the Lord is behind this is because of the intensity of emotion with all of those praying...it's almost involuntarily and comes from deep within. As much compassion and love as I feel for Terri and her family right now, I'm convinced the depth of concern I'm feeling is actually the Holy Spirit's.

[nicmarlo]

I was listening to him last night, and I definitely heard "searched" but I was not devoting my full attention....so, it's possible he said something preceeding that. Someone else last night said "strip-searched" but they later corrected themselves and said "practically."

[Krodg]

I read it on FR earlier. I can't remember the news source though.

[nicmarlo]

I'm convinced the depth of concern I'm feeling is actually the Holy Spirit's.

I am, as well. The last time I was in such earnest prayer was concerning another "judicial" matter going on in Florida in 2000.

[LegalEagle61]

So...if when she was around 20 Terri had allegedly said to her alleged husband and his family "if i get in a vegetative state, please kill me by strangeling me to death" those wishes would be carried out by a state court? Seems to me that is what they are saying when they accept hearsay evidence allegedly said when someone was still young and immmature as fact. They are saying the hearsay testimony is as good as a legal written document...so why would anyone need that anymore, all they have to do is lie and have close family members back them up. Outrageous!

[SeasideSparrow]

Thanks for that, AU.

[DJ MacWoW]

I promise that I'll ping you! :)

[Abby4116]

Isaiah 41:17 When the poor and needy seek water, and there is none, and their tongue faileth for thirst, I the LORD will hear them, I the God of Israel will not forsake them.

[Torie]

Gibbs is in a serious state of legal malpractice in my view. It's a shame.

[pollywog]

I'm convinced the depth of concern I'm feeling is actually the Holy Spirit's.

Yes, Freepertwo, it is the Holy Spirit. God is moving on His people. I have been agonizing in prayer for two hours now, and I feel like I am calling out from the very depths ( gut or splonknous(sp?) of my being!!!