Posted on 03/21/2005 11:31:10 AM PST by Dont_Tread_On_Me_888
BINGHAMTON, N.Y. An upstate Republican congressman says federal lawmakers shouldn't have gotten involved in the Terri Schiavo (SHY'-voh) case.
Sherwood Boehlert of Oneida County didn't return to Washington for today's vote on a bill to give the brain-damaged woman's parents the right to ask a federal judge to order doctors to reinsert her feeding tube.
Boehlert told Binghamton radio station W-N-B-F that -- in his words -- "Congress has no business injecting itself" into the case. He said he would not have voted for the bill had he been at the unusual early-morning House session.
Boehlert noted the Schiavo case has been before Florida state courts many times over the past several years.
Boehlert said the decision to have the House vote shortly after midnight was a "crazy way to schedule the whole thing." He said the only way he could have made it back to Washington in time for the vote was to charter a plane -- which he said he wasn't about to do.
(Bob Joseph, WNBF, Binghamton)
Where was Congress last week?
You answered your own question when you said
a six-month-old boy with a fatal congenital disease
Sun Hudson, according to this CNN.com article, "had been diagnosed with a fatal genetic disorder called thanatophoric dysplasia, a condition characterized by a tiny chest and lungs too small to support life. He had been on a ventilator since birth."
TD is virtually always fatal in the neonatal period.
Whereas, other than cognative impairment, Terri is quite healthy. Her life expectancy, as discussed in Michael Schiavo's malpractice suit of 1993, was expected to be 50 years more. She's hardly "certain to die," to use your phrase. Apples and oranges.
Since myriad doctors and judges have reviewed the Schiavo case for seven years, and have consistently come up with the same conclusion, I have to honor their decisions and tell the Congress to butt out.
In reality, myriad doctors have contradicted each other on Terri's diagnosis and potential. And with regard to the courts, only one judge has essentially ruled in this case. With regard to the appeals courts, as has been explained here on FR and talk radio, they are bound by the findings of the trial judge and overturning a lower court's ruling is pretty difficult. There's only been one trial, in other words, with one presiding judge.
(3) Failure to comply with any order of the court, unless the order has been superseded on appeal.
(5) Wasting or maladministration of the estate.
Given that and several others I would say that Mr. Schiavo should have been removed as her guardian.
I'm not exactly sure how to respond to this. No, my morality comes from the almighty God. But as a member of the society I live in -- I agree to adhere to the law. I don't get my morality from Government or law -- I'm just a strong believer in there importance, aren't you?
SCOTUS isn't the last word. They are supposed to be interpreters of the word. And when their interpretation is out of whack with justice, they congress and executive branch should step in.
While I do not support Congress's action in this matter it is completely within its prerogatives to increase federal court jurisdiction. The USSC refused to hear the initial appeals because it had no jurisdiction under federal law.
Hence, Congress, AS IT IS EMPOWERED by the Constitution to do expanded that jurisdiction to allow the case entry into the federal judiciary.
BUT, and it is a big one, the Judge will review the findings under FLORIDA law not federal. Since the finding is more than likely to be that the courts have followed Florida law the tube will remain pulled. Thus, nothing will change except the GOP can claim it tried to do something.
I didn't say there was. The simple fact that this man was awarded malpractice $$$ specifically because he testified, under oath, that he would use that money for Terri's rehabilitation, and that Terri would live a normal life span, and did not fulfill that obligation, plus the fact that he is living with and has fathered two children with another woman creates a conflict of interest that no logical, fair-minded person can dispute.
Oh, and by the way, I'm still waiting on which Florida law(s) the U.S. Congress has circumvented. I presume you are researching this as we post.
See #146.
By some fluke or another Schiavo keeps getting irresponsible judge that rule in his favor. M Schiavo has broken numerous laws and never gets called on it. Something strange is in the drinking water in that part of Florida.
Actually, you did imply that there was. Re-read your post about OJ/Nicole.
Oh, and by the way, I'm still waiting on which Florida law(s) the U.S. Congress has circumvented. I presume you are researching this as we post.
No, actually I kind of blew it off as your way of saying "prove it, prove it!!". The President signed into law, early today, the law passed late yesterday/today.
Here's a quote from the President of the United States...
"Today, I signed into law a bill that will allow federal courts to hear a claim by or on behalf of Terri Schiavo for violation of her rights relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life,"
I'm not so sure about that. I've read that there are several Florida laws that have been violated in this case. One of them being the refusal to appoint a guardian ad litum, and Judge Greer appointing himself as guardian. Also, the fact that Terri was put into a hospice, which under law is only allowed for the terminally ill - plus others which people smarter and more informed than myself can specify. Also, I believe the fact that they will not allow the attempt to feed Terri by mouth...?
Perhaps someone who knows more can expand on this?
See 146
Uh, no...The Supreme Court refused to hear the case due to lack of jurisdicition. The Congress merely assigned jurisdiction to the federal courts, which is their Constitutional right.
Now come on...you knew that.
Really? Federal law allows for the starvation of a disabled person?
Excellent post.
No, the point I was trying to make was that your assertion that the 'custodian' always has the final say without review is absurd. As Rush would say, "illustrating absurdity by being absurd".
No, actually I kind of blew it off as your way of saying "prove it, prove it!!".
LOL! That's an easy way to avoid having to defend an indefensible statement.
The President signed into law, early today, the law passed late yesterday/today.
Here's a quote from the President of the United States...
"Today, I signed into law a bill that will allow federal courts to hear a claim by or on behalf of Terri Schiavo for violation of her rights relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life,"
I must be missing something because I don't see, in that statement by the President, the Florida laws that are being circumventing. What exactly is your point by posting it?
Lets see: One Million bucks minus 15 years of medical care leaves not much of anything. I see no financial incentive here.
ditto
There is all manner of speculation which seems to have not been considered worthy of much credence. The husband tried to kill her, is a beast, a monster, heartless who SOMEHOW manages to get the most favorable judges corrupt, evil power mongers which the corrupt, evil, demented, appeals courts support including the Florida SC and the USSC. I just don't buy any of this. NOR do I believe the medical authorities to be WANTING to "kill" Terri but that she has been gone for well over a decade.
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