To: Wallace T.
4. The federal government should be allowed to interfer (sic) with any state law that it deems unsatisfactory. Read Amendment XIV. There are more requirements than the state law simply being "unsatisfactory", but in Terri's case Amendment XIV would seem to authorize intervention.
Note that historically the fact that appellate courts have been willing to ignore gross violations of laws does not preclude a "due process" challenge. In at least one appellate court decision, the court held that appointing a proxy for Terri would have been redundant since Greer played that role. The statute says a judge may not do that, and an appellate court's declaration that they didn't see anything a separate proxy would have done differently does not make it kosher.
815 posted on
03/23/2005 9:52:15 PM PST by
supercat
("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
To: supercat
The 14th Amendment essentially extends the protections of the Federal Bill of Rights, including due process of law, to the states. I will defer to your understanding of the amendment, although I am not aware of any implementing legislation. However, all the tools needed to remove Terri Schiavo from imminent death are available to Governor Jeb Bush. He only needs to exercise them. Had he done so, there would have been no need for Federal intervention.
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