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To: Time4Atlas2Shrug

I need to gather stuff about hammesfahr together. i'll ping or freepmail you when I have, if you'd like.


You can't appoint counsel to someone who is incapacitated and cannot consult. That's why they use GALs. I agree that she should have had one all along. What they did was appoint one at times when a decision needed to be made- like (p---) in the 93 or 4 guardianship challenge, in 98 (pearce) to do decide about what would become the 2000 trial (I think they appointed a replacement, but they've removed the links), and in 2003 to report to Bush (Wolfson).


499 posted on 03/24/2005 1:13:53 AM PST by Trinity_Tx (Since Oct 9, 2000...Just a new, and soon to be changed, again, nick)
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To: Trinity_Tx
I know, but if a GAL was to be appointed when a decision had to be made, I think this life and death decision would definitely qualify. I think the Schindler's had a great case for a due process failure.

Thanks, I'd love it if you'd send me that info. on Hammesfahr, though the point is unfortunately moot at this point. Governor Bush will either intervene using executive authority, or she will die and everyone will forget about her by next week. Sorry for the cynicism.

What I really hope comes of this entire thing, besides her life being preserved, is that our elected representatives will have a fire in their belly regarding the overreaching power of the judiciary. They have become the final arbiter in most people's minds and that is not the way our Constitution was designed. Article III and especially Article IV, specifically, assign the power of law and the judiciary is not given power over Congress or the ability to decide what the laws are. It only gives the Supreme Court the power of appellate jurisdiction of law and fact "under such regulations as the Congress shall make" (Art.III). Throughout this article the clear intent is to give Congress control over the judiciary.

I guess I can only hope that our Congress wrests some control back.
572 posted on 03/24/2005 11:08:02 AM PST by Time4Atlas2Shrug
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