Posted on 03/23/2005 11:00:46 AM PST by MHGinTN
Aside from killing a disabled woman, what’s the controversy?
A cousin asked me the other day, “What’s this Terri Schiavo thing all about down in Florida?” I did my best to catch cousin up to speed on the history of the plight. While on line, a newbie at FreeRepublic cited four points over which the newbie needed confirmation or correction. I did my best to address the problems with the perspective expressed in the four points of interest as stated by the poster.
Clearly, there are different levels to this issue; this is not a simple controversy lending itself to sound byte explanations, though the mainstream media tend to over simplify and use sound byte explanations, usually tainted with the network’s bias –such as the stilted poll done by ABC, for which they received precisely the ammunition they were trolling for, rather than an honest perspective of the American people.
Let’s take a look at the controversy from a perspective other than bedside sadness.
First, there is a lengthy judicial process followed in Florida, and controversy and major dispute beginning with the power and perspective of one Judge Greer. Terri was receiving due process without complaint from any family member, until Judge Greer’s court took over dealing with the controversies. Every appeal following the Greer rulings amounted to other courts rubber stamping Greer’s actions … and therein lies the reason for the Congress of the United States finally getting involved.
That brings us to a second point of controversy, with major political ramifications. A state judge in a Florida court has order that a non-criminal severely disabled woman be put down via starvation and dehydration by ordering that the port for her feeding tube be removed … and a feeding tube is all this woman needs to continue living. [Is food and water actually artificial medical intervention?]
Last week, the United States Congress issued an oversight action authorized by the Constitution in the Third Amendment, in order to give Terri Schaivo assurance that her Fourteenth Amendment rights were not short changed in arriving at her current court ordered sentence of death by dehydration. The bill issued by Congress stated a request for a ‘de novo’ hearing of the case at Federal level. The Federal Judge who received the case chose to ignore the request and do yet again what has been done at every judicial stage in this controversy, glance at Greer’s rulings and stamp them adequate for Terri’s rights.
It is precisely the questionable nature of Greer’s rulings that caused Congress to request a Federal de novo hearing. What if Greer has a bias or new facts have come to light that indicate Terri Schiavo has not in fact received fair and balanced treatment from the court or the court has been in error due to inadequate facts? How can the wrong rulings of a judge be questioned in a process where rubber stamping passes the rulings along without honest ‘de novo’ review? Apparently, not even Third Amendment responsibility of the United States Congress can break the bias of particular court systems.
And therein is the substance of the second major controversy: how can judicial activism and rubber stamping based on political/philosophical bias be corrected, if Congress only requests without any consequences to follow when a judge such as Whittemore (the Federal appeals Judge who received the Congressional request) thumbs his nose at the Congress in their Constitutionally authorized oversight of the judiciary?
Terri Schiavo is not going to be saved from death by dehydration through a conflict between the Legislative and the Judiciary. As things are now progressing, Terri will be dead before the controversy could be resolved. And therein is the substance of a third controversy: what’s the damn hurry to execute Terri Schiavo before full de novo hearing can be accomplished? Is it so outlandish to consider that Judge Greer has a bias that has prevented Terri from receiving fair and balance justice? If a de novo hearing concludes that all court rulings have been sound, without new information changing anything of the findings of fact and promotion of truth, Terri isn’t going to flee to some other jurisdiction and thus be beyond the judge executing her after further review. What’s the hurry to put her down without actual Federal de novo hearing?
And therein lies the fourth controversy: political forces are thrashing the issues around for political empowerment; one force with a heavy bias toward granting to one person the right to kill another alive, sensing human being feels their rite, er excuse me, their right is threatened by de novo review that potentially could change the now obvious destiny of an inconvenient human being; Terri, if granted a fair and thorough review, just might get a stay of execution and then be given therapy that would improve her interactions with her environment, and thus embarrass the faction pushing for this inconvenient human to be put down. Surely the other faction, the one wishing to value even the life of a severely disabled woman, realized that further review might confirm what are already the findings, so that faction was willing to risk the ridicule inevitable from the liberal media in their water-carrying for the other political faction.
So how honest is the faction now demanding that Terri be put down and cremated immediately, without a final de novo hearing? And how cold, political, calculating, and stark is the wrong committed by a Federal judge ignoring the oversight request from the Congress of the United States, to yet again rubber stamp the rubber stamps forwarded up from his fellow Florida Judges?
This truly is an historic controversy, but it remains to be seen if the Congress has the loyalty to our Constitution that would follow through in settling judicial tyranny that is killing one severely disabled woman in Florida.
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ok and?
that isnt a fault of either Bush.
its a problem with the court system and a previous ruling.....
Who judges the judges ?
Constitutionally, the judicial system is to be controlled and overseen by the legislature.
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This is a powerful headline. The Terri 101 part is good for people on the streets...
"...Every appeal following the Greer rulings amounted to other courts rubber stamping Greer’s actions … and therein lies the reason for the Congress of the United States finally getting involved..."
Right. No second-guessing potential witness and evidence credibility has been revealed yet.
"...It is precisely the questionable nature of Greer’s rulings that caused Congress to request a Federal de novo hearing... "
The controversy of de novo is important: 'blank slate'. Too bad it was only requested rather than required. Judges these days aren't curious enough about an innocent, possibly semi-conscious person being killed by demonic slow torture. So they apparently need to be TOLD to be curious, led by the nose, since congress doesn't have the votes to impeach and remove the heartless bums.
"And therein is the substance of the second major controversy: how can judicial activism and rubber stamping based on political/philosophical bias be corrected, if Congress only requests without any consequences to follow when a judge such as Whittemore (the Federal appeals Judge who received the Congressional request) thumbs his nose at the Congress in their Constitutionally authorized oversight of the judiciary?"
The rats would obstruct impeachment and removal of a precious Clinton appointee.
"What’s the hurry to put her down without actual Federal de novo hearing?"
To get her cremated as soon as possible before the bone scans are verified.
At present, we lack the votes to impeach Whittemore. That CAN change.
But then there's the short term, how do we save her? I've been thinking that it was going to take something extraordinary to save her, things that are not appropriate to suggest on this forum. Perhaps I was wrong:
Five [legal] Briefs Say Gov. Bush Has the Legal Authority to Save Terri Schiavo
http://www.freerepublic.com/focus/news/1369718/posts
FReegards.....
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I would say so she can quickly be cremated and Michael and the nursing home, the medical profession, lawyers and judges will be home free. Until that happens, they are all in deep doo doo.
Go to Michael Savage's website and read what the Thomas Moore Law College wrote to Jeb Bush.
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Ping to the article ... perhaps there;s something in it you can use for future 'on-air' discussions?
"How can the wrong rulings of a judge be questioned in a process where rubber stamping passes the rulings along without honest ‘de novo’ review?"
A de novo revue would appear to be the most efficient, transparent and morally correct course of action and the fact that has not been conducted fills me with incredible suspicion and disrespect for the Judiciary in this case.
My first emotion is not one of fear - it is serious rage ccompnied by a conviction to do all in my power to overthrow these corrupt and ineffectual Elites.
These morally degraded Aposts can't even get control of a Child Molester and SAVE an innocent girls life yet they go out of their way to take whatever steps are necessary to END another Innocent's life. Too angry for more words.
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