Posted on 03/23/2005 8:07:00 PM PST by sonsofliberty2000
TAMPA, Fla. (AP) A lawyer for Terri Schiavo's parents says an appeal to try to keep the brain-damaged woman alive has been filed with the U.S. Supreme Court.
You're probably more qualified to make these decisions than the vast majorities of our robed Oracles in their Temples of Delphi. I love your faith!!
I'm not a lawyer so you could be right.
In any case, Judge Greer has given Michael Shiavo a pass to murder Terri and the Fed courts have given Greer a pass in the name of judicial activist.
Honest truth!!!
Of course I know that Federal judges are not elected. I meant on the state and local level because that is where it has to start. In WV judges are elected but they don't belong to a party, so I know I have voted for judges without having a clue what kind of judge they would be.
Not really. SCOTUS does not like new arguments made to them in an emergency hearing not brought below. It is beyond the pale. It simply is not done. But then there is a life hanging, twisting, slowly, slowly, in the wind, due to what I think might well be found to be legal malpractice. So it is one of those highly unusual situations. So there is hope. The last thing left in Pandora's box was hope. There is always hope.
none of these federal court decisions are based on the merits or facts of the case anymore. its all about "process" now, and the judiciary is hunkering down to protect itself. the judiciary likely won't blink, because it can read the polls (yes, I know most of them are based on poor understanding of the facts, but that's the way it is) and it knows the representative branches are not willing to go to the mats over this case.
Wouldn't that be incredble - but isn't he still the Solicitor General?=govt's lawyer before the USSCT?? We need to show a little gratitude and compassion to the Schindlers' lawyer. I'm sure he's not getting very much money and I'd rather shovel you-know-what than have to do a rush petition for certiorari (again.) He may not be the world's greatest lawyer, but he's a real mensch.
got news for you....everybody here is behind a computer.....
your friend Jeb is wimping out......letting a person die just because ....horrors....he'd have to make an actual decision.......
"On a related topic, it is beginning to appear that the Schindler lawyer is completely incompetent.
That's right, eat your own.
I don't want congress interfering with my personal affairs, but only to the point that I have reasonably directed those personal affairs.
Here's an example; My mother was diagnosed with cancer. She wanted to execute an Advance Directive. The net result was that a DNR or any other extraordinary measures would be taken to sustain her life.
Early in her treatment, she was in the hospital and her treatment was going well for the cancer, but she was struggling with lung infections. I walked into her hospital room and she was wearing a colored bracelet, which indicated DNR. I asked her to remove it, because if anything happened to her while recovering from a lung infection, they wouldn't do anything to save her; even though her experimental cancer treatment was doing well.
When she was diagnosed with cancer, we were told that she had 6 to 8 months. With her treatment, they extended her life to nearly 4 years, and her quality of life was good, right up until the day she died.
We changed her Advance Directive so that her children could make the determination to stop extraordinary measures to sustain her life, a responsibility we accepted, understanding that if her decline was a result of advancement of cancer, and not some other treatable problem, we would execute her advance directive.
Legal guardianship of Terri can come under legitimate question. Her husband has done a 180 on his approach to Terri's care, once the CIVIL SUIT money came through.
The challenging the effectiveness of a legal guarding happens every day with healthy people and in many cases those guardians are removed and for good reasons. The left-wing death culture lives on.
You hope she's Jesus?
What Is DCF doing about the restraining order are they appealling. Is it only pending the hearing? Anybody?
And I knew you knew about the Feds - please don't be offended. You can and I'm sure will be very informed on your state judges (BTW, I love WVA, the Harper's Ferry area is one of the most beautiful places I've ever seen) - but a lot of very cool people turn into monsters once they put on that black robe, and the system of course encourages it. But the groovy thing about state is there's always another election and chance to throw them out, and it's also easier to get them removed (misconduct, special election.)
Jeb is right up there near the head, in this case......
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I don't think you would like Scalia's point of view on this case. He is quite clear where he stands on this issue. From the report to Jeb Bush on the Schiavo case in 2003:
Justice Scalia has admonished us to rely upon and accept the role of state lawmakers and laws to address issues of this very nature. Though his point of reference was Missouri law relative to an evidentiary standard, his message remains that it is up to states to establish the rules and guidelines in these matters.
I would have preferred that we announce, clearly and promptly, that the federal courts have no business in this field; that American law has always accorded the State the power to prevent, by force if necessary, suicide - including suicide by refusing to take appropriate measures necessary to preserve one's life; that the point at which life becomes "worthless," and the point at which the means necessary to preserve it become "extraordinary" or "inappropriate," are neither set forth in the Constitution nor known to the nine Justices of this Court any better than they are known to nine people picked at random from the Kansas City telephone directory; and hence, that even when it is demonstrated by clear and convincing evidence that a patient no longer wishes certain measures to be taken to preserve her life, it is up to the citizens of Missouri to decide, through their elected representatives, whether that wish will be honored. It is quite impossible (because the Constitution says nothing about the matter) that those citizens will decide upon a line less lawful than the one we would choose; and it is unlikely (because we know no more about "life-and-death" than they do) that they will decide upon a line less reasonable. (emphasis added) Cruzan v. Director, MDH, 497, U.S. 261 (1990)
And while he might not agree with a particular state's method for addressing a matter – he not only defers to the states – but further admonishes us to avoid the politicization of legislation in these matters:
I am concerned, from the tenor of today's opinions, that we are poised to confuse that [497 U.S. 261, 293] enterprise as successfully as we have confused the enterprise of legislating concerning abortion - requiring it to be conducted against a background of federal constitutional imperatives that are unknown because they are being newly crafted from Term to Term. That would be a great misfortune. Cruzan v. Director, MDH, 497, U.S. 261 (1990)
SCOTUS will punt. Again. As they should.
I have to be honest, my Faith is very weak at the moment. I'm struggling. Not for a moment do I regret a single instance of the fight for terri nor will that fight cease whether a miracle is granted or the opposite.
I'm struggling to come to terms with the Death Culture we've embraced. Including my own role in it.
People keep tossing about the name of Pontius Pilate. Well, where is mention made of why Christ Died? Blame wasn't anymore or any less on Pilate's head than it was on every one of ours.
Similiarly, we created this death cult and allowed the escalation of Judicial tyranny, and the end result is that Terri may well die. It's not pleasant to accept our own role in this, but we have to if we wish to prevent something like this from happening again. Washing OUR hands and passing blame on to select others just doesn't wash with me.
Man, that's wacky.
I honestly don't know - I turned to FR to get the latest. I have a sinking feeling Jeb is still willing to keep it in the judicial grinder. And we all of course remember the Florida appellate courts from 2000. Jeez, where's that great FLA trial judge who heard the 2000 election evidence when we need him?
Jeb should seize Terri now. Otherwise, he will spend the rest of his life searching for an explanation to his mysterious paralysis of will.
Some people deserve to have their graves spit upon. Any official who stands idle while Terri is killed falls that category.
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