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Judge Refuses to have feeding tube reinserted in Terri Schiavo (FOX NEWS ALERT)
Fox News | 03/22/05

Posted on 03/22/2005 3:26:06 AM PST by tsmith130

Just heard on Fox....so sad.


TOPICS: News/Current Events
KEYWORDS: contrarymarytroll; cultureofdeath; deathcultivation; federalism; federaljudge; feedingtube; florida; investigatemichael; investigatemikenow; judgewhittemore; justice; lethergotojesus; overblown; prayers; privacy; righttodie; schiavo; sicsempertyranis; soapopera; terri; terrischiavo; terrishiavo; uselesseaters
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To: Jeff Head
Who says this decision respects her wishes, Tarantulas? Her clearly and hopelessly conflicted, and totally unfaithful husband? Where is that written down and notoriized...that her wishes are to die of starvation or thirst if in that position...which would violate her religious beliefs which, by all accounts, she was adamant about?

Her husband says this decision respects her wishes, the other people who testified about her beliefs say it respects her wishes, and the courts say it respects her wishes.

My wife and I discussed with each other our wishes not to be kept alive by "extraordinary means" if we're ever in a persistent vegetative state. Even if we didn't have living wills (which we do), I'm sure each one of us would fight to enforce the wishes of the other if that ever happened.

FYI, if this same case occurred in New York or Missouri, the feeding tube could not be removed under state law. In Florida and many other states, it can.
781 posted on 03/22/2005 6:58:00 AM PST by Tarantulas
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To: ContraryMary

The gullible ones ARE THE ONES WHO WOULD trust MICHAEL SCHIAVO, who asked Larry King to "TRUST ME" ON LKL last night!!!!!!


782 posted on 03/22/2005 6:58:37 AM PST by TAdams8591 (The call you make may be the one that saves Terri's life!!!!!!)
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To: ContraryMary

MAry, when you call somebody a quack you have to provide evidence of quackery. Similarly, when the state orders the death of a citizen based on informed consent the state has to offer clear and convincing evidence of same. You deserve each other.


783 posted on 03/22/2005 6:59:24 AM PST by jwalsh07
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To: Types_with_Fist
I am a lawyer and I offer the following comment on your post. I do not think that this judge or other tjudges are hamstrung by a procedural straightjacket that they can't get out of. No, the decision by Whittemore that he would interpret his role as only reviewing the procedural steps in the state court to ensure that she had received "procedural due process" is the crucial step and it is presented by him as the only possible step.

But this is incorrect. If the judge had wanted to issue the TRO and order the insertion of the tube and the resumptionof feeding while he gave substantive and procedural constitutional rights review, he would have taken the following steps: He would have reviewed the standing of the husband and the hearsay nature of the alleged declaration by Terri that she wanted to die. He would have said that this aspect "raised evidentiary questions of basic reliability" especially in view of the husband's "potential conflict of interest" in starting another family and obviously wanting to move on wiht his life.

My point is that Judge Whittemore--any judge--would have the capacity to go just the other way IF HE WANTED TO.

If the person whose rights were potentially violated were someone he wanted to save, the judge would have cast aside the procedural steps in state court as "not according to her fundamental due process especially in such a vital constitutional interest such as her life and liberty. We have to cast "strict scrutiny" when reviewing the basic safeguard of citizens....blah blah blah."

The real key is that the judges of the leftward culture perceive themselves as political champions and somehow they take their marching orders from the left-right tilt as it is played in the MSM.

784 posted on 03/22/2005 6:59:29 AM PST by ontos-on
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To: Dave S; sirchtruth
Most of these people are responding to a poll that is couched in the information given them...that a brain dead woman, whom a loving husband wants to have her final wishes in this regard respected, is being kept alive by right wing christians and a family that is out of their mind with grief.

Trouble is, all of that is a lie.

If people as a whole knew that Terri was not and is not brain dead or in vegetative state at all, that her husband is acting under a hopeless conflict of interest and has been (at best) wholly unfaithful to Terri and is living with another woman for over ten years with two kids by her, and that the parents are offering to assume all the responsibility and burden of her care in the hopes of rehaibiltating her, the percentages would be revrsed in an instant.

Those are the ey issues here, and IMHO, as such, This decision is another in a long line of aborations and corruption assiociated with Terri Shiavo. Where is it written down and notoriized...that her wishes are to die of starvation or thirst if in that position...which would violate her religious beliefs which, by all accounts, she was adamant about? Here's a clue...it's not.

As to constitutionality of this decision, I say it's pure, unadulterated Bravo Sierra. This Judge could easily have ruled constitutionally that she had a right to life, which trumps all of the other legaleze and mumbo-jumbo being spouted by those who support having her killed.

Common sense has fled so many of our people, even our judges. When there is the least shred of evidence, doubt or disagreement in such a situation as this, particularly amongst direct family members who are willing to lovingly care for her...you ERE ON THE SIDE OF LIFE!

Anything short of this is an abject violation of the most fundamental principles upon which this Republic was founded.

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 the right to life...

If we as a people cast that aside, if we allow it to be case aside, then we tread a path that will lead to our ruin, our enslavement and our destruction as a soveriegn Republic and a nation founded upon liberty and the rule of law, that law being undergirded by fundamental moral principle.

"We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate for the government of any other."- John Adams, Oct. 11, 1798"

Sadly, in this ruling and episode, as with many others of our day (ie. abortion) we are living out the negative of John Adams statement...right before our eyes. God bless those who are standing for life, against the culture of death. May we as a people have the fortitude and the willingness, if neccessary, to stand boldly and resoultely on these principles against such conditions of our day.

785 posted on 03/22/2005 6:59:48 AM PST by Jeff Head (www.dragonsfuryseries.com)
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To: ContraryMary; ohioWfan
Stephen Barrett, M.D., a retired psychiatrist who resides in Allentown, Pennsylvania, has achieved national renown as an author, editor, and consumer advocate.

Would that be like a retired General Motors assembly line worker whose job was to install computerized components in your car suggesting that a brake mechanic is not worthy to work on your car?

786 posted on 03/22/2005 7:00:38 AM PST by lysie
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To: mhking; F.J. Mitchell

"For some - they're on satellite and on some cable systems, but not widely available."

Exactly.

I think you-know-where will freeze over before people living in Quebec (where I am) will get Fox News. :)


787 posted on 03/22/2005 7:02:14 AM PST by proud American in Canada
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To: Tarantulas
Her HUSBAND??????????????

This decision was based on CONFLICTING HEARSAY TESTIMONY!!!!!!!!

How many people seriously believe a 26 year old woman in 1990 (when feeding tubes were NOT an issue) wanted to STARVE to death??????

You are delusional if you do!!!!!!!

788 posted on 03/22/2005 7:02:27 AM PST by TAdams8591 (The call you make may be the one that saves Terri's life!!!!!!)
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To: Tarantulas
Her husband says this decision respects her wishes, the other people who testified about her beliefs say it respects her wishes, and the courts say it respects her wishes.

Um....the "other" people that testified about her wishes were Michael's family! His brother! HER friends and family say that Terri valued all life. These friends were on FNC last night.

I ask again...what is the harm in having a PET scan done? No one seems to be able to answer this.

789 posted on 03/22/2005 7:02:42 AM PST by CAluvdubya ("Deep in everybody's soul is the great desire to live in freedom"...George W. Bush 3-11-05)
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To: ohioWfan
Right on the button. If I REALLY stretch, I can understand why there might be removal of the feeding-tube, but....

I can in no way understand why the courts have forbidden anyone to feed her hydrated foods by mouth.

790 posted on 03/22/2005 7:03:24 AM PST by expatpat
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To: Earthdweller
Here is more

An internal Medicare review identified that this therapy helped patients gain significant improvement even years after the injury and years after they had stopped improving before obtaining Dr. Hammesfahr's approach. Judicial Review in November of 2003 ordered Medicare payment for Dr. Hammesfahr's approach in conditions of the brain that involved damage, injury, or abnormal function of blood vessels. The judge noted that judicial review of the method, science, and results showed significant improvement. Further, he identified that there was no "viable alternative" to obtain improvement in these patients with longstanding as well as acute injuries to the brain and blood vessels than Dr. Hammesfahr's approach.

Further work showed that it was also applicable to other diseases of the brain where insufficient blood flow to the brain is a part of the problem, diseases like Attention Deficit Disorder, Migraine, Dementia, Autism, Asperger's, and Cerebral Palsy.

In clinical reviews, 98% of patients had major, functional improvement. These reviews were evaluated by Judge Susan Kurkland, for the State of Florida, Department of Health. She described in her ruling that this new therapy is safe, unique, and that Dr. Hammesfahr is the "first physician to restore deficits caused by stroke."

Dr. Hammesfahr will be speaking at the 4th International Symposium, the largest meeting or brain specialists for pediatric brain injuries ever.

Speakers from around the world including Mexico, Russia, China, Europe, and elsewhere will be meeting to discuss new approaches including Stem Cell work, and Hyperbaric Oxygen Therapy.

http://www.ecerebralpalsy.com/newsletters/issue5.html

791 posted on 03/22/2005 7:04:11 AM PST by Netizen (jmo)
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To: DollyCali
Cowardice asks the question, 'Is it safe?' Expediency asks the question, 'Is it politic? Vanity asks the question, 'Is it popular?' But conscience asks the question, 'Is it right?' And there comes a point when one must take a position that is neither safe, nor polite, nor popular, but one must take it because one's conscience tells one that it is right. -- Martin Luther King, Jr. -

Now that's an interesting quote in light of the following:

Hillary!: "Is it safe?"

792 posted on 03/22/2005 7:04:43 AM PST by jriemer (We are a Republic not a Democracy)
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To: CAluvdubya
No I didn't see a PET.

I've been in a discussion on another site and someone threw in this MRI statement to prove she has had a full workup and now I'm stumped.

Granted it was in 7/1990.

793 posted on 03/22/2005 7:04:52 AM PST by lil'bit
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To: Tarantulas
As I said, her husand is hopelessly conflicted as to her best interests and has been wholly unfaithful to her. Read up on both sides of this issue objectively...it will be eye opening to you. I have corresponded with the family and been following this for well over a year.

When you have such a heated conflict, and in the absence of no legal document...you ere on the side of life. Particularly when there are family members willing to assume the responsibility and burden of taking care of her and trying to rehaibiltate her...which, BTW, the husband ceased doing as soon as he won the civil award. There is testimony from nurses at the time that affirm this directly. He is quoted as saing "When is the bitch going to die". As I said, when there is the hint of such things, you ere on the side of innocent life...Terri's life.

And, by definition, Terri is not vegetative. Her eyes track things entering the room, she responds affirmatively. She is able to sit in an easy chair next to the bed. Check out both sides objectively. I have done so and the husband's side stinks to high heaven.

794 posted on 03/22/2005 7:04:56 AM PST by Jeff Head (www.dragonsfuryseries.com)
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To: maica
How about involuntary confinement, or being treated in the courts as property to be disposed of as the 'owner' wishes. I see very clear comparisons.

Based on that arguement, one might argue the same for anyone who resides in a nursing home.

They do not equate.

795 posted on 03/22/2005 7:05:42 AM PST by mhking (If you can dodge a wrench, you can dodge a ball!)
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To: longtermmemmory

Check out this post about Judge Greer:
http://www.freerepublic.com/focus/f-news/1352657/posts?page=4588#4588


796 posted on 03/22/2005 7:05:50 AM PST by iowamomforfreedom (Help stop government-sponsored murder! Save Terri http://www.terrisfight.org)
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To: maica
Michael, when the courts decide that Michael Schiavo has sole control over the well-being of Theresa Schindler Schiavo, even though he has entered into a permanent marital arrangement with another woman, I can only see Terri as his slave.

What Michael Schiavo has done is certainly immoral, but there is no present evidence that it is illegal.

797 posted on 03/22/2005 7:06:41 AM PST by mhking (If you can dodge a wrench, you can dodge a ball!)
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To: dennisw; ladyjane
And see this! From The Empire Journal. MEDICAL FACTS about Terri.

YOU BE THE JUDGE:
MEDICAL OBSERVATIONS SHOW
SCHIAVO COGNITIVE, ALERT

798 posted on 03/22/2005 7:07:05 AM PST by nicmarlo
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To: lil'bit

She hasn't had an MRI because they implanted stimulators.


799 posted on 03/22/2005 7:09:03 AM PST by Netizen (jmo)
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To: ContraryMary

Look at the testimony, that was a summation made at the time the petition for guardianship change was denied. It was a justification for saying this is the schindlers just wanting half of michael's money. They asked him to pay them what he owed.

Distortion is rife in this case.


800 posted on 03/22/2005 7:09:06 AM PST by cajungirl (no)
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