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Michael Schiavo Files Request With the SCOTUS, USSC Refuses to Take Schiavo Case

Posted on 03/24/2005 7:22:09 AM PST by ConservativeMan55

Edited on 03/24/2005 7:43:21 AM PST by Admin Moderator. [history]

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To: AmericanInTokyo

No, Greer now demands the title, "Mein Fuhrer"


541 posted on 03/24/2005 8:37:30 AM PST by BigEdLB (BigEd)
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To: lionheart 247365

Jeb Bush is a failed governor of a backwater southern state.


542 posted on 03/24/2005 8:37:31 AM PST by Edmund Burke
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To: UnbelievingScumOnTheOtherSide
Thanks!

Hard to follow some the fine details. Too much noise interfering with getting good info... [to much rants, opinions, speculation and not enough facts traversing Freerepublic].

543 posted on 03/24/2005 8:37:34 AM PST by topher (Pray for our leaders -- Pray for Justice for Terri Schiavo -- let her live!)
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To: AmericanInTokyo

Indeed, that was something I was wondering - the system is called one of checks and balances, surely there is a check on judicial tyranny?

If they cannot be brought to heel by the other branches, the system of separation of powers is defunct.

Regards, Ivan


544 posted on 03/24/2005 8:37:50 AM PST by MadIvan (One blog to bring them all...and in the Darkness bind them: http://www.theringwraith.com/)
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To: A Citizen Reporter
I agree with that. I hope to see a thorough investigation of Felos, Greer and their connections to that hospice. And how in God's name does a patient who is not terminal get transferred to a hospice?

I agree .. I want a full investigation into this

IMO .. Geer is a walking talking conflict of interest and now he is over stepping his bounds blocking the DCF

545 posted on 03/24/2005 8:38:00 AM PST by Mo1 (Why can't the public see Terry - What are they afraid of ??)
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Comment #546 Removed by Moderator

To: sola_fide
Pay attention...

If my wife tells me that she does not wish to be sustained artificially, I don't care what you think, I don't care what the government thinks, I don't care what the Courts thinks...I will act in accordance to her wishes.

And I wouldn't care whether you believed me or not.

Not your business, not your right, and as long as I act within the letter of the law, you and the government can stay out.

547 posted on 03/24/2005 8:38:33 AM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: Cboldt

I found and posted that thinking there could be some reference to; but another Freeper commented on this case as:

http://www.freerepublic.com/focus/f-news/1368469/posts

How does this apply to Schiavo?
Well, since consistency is not a highly-regarded value of the current Supreme Court, no one can say that what they say today will have any effect whatever on what they say tomorrow. But if one were to value the principle of stare decisis

it would mean that the parents' lawyers in Terri's case are wasting paper going to the Supremes.

Cruzan is the source of the 'clear and convincing evidence' standard in the Florida statute (although probably from an abundance of caution and a misreading of Cruzan. In Cruzan the Missouri Supreme Court had "... declined to read a broad right of privacy into the State Constitution which would 'support the right of a person to refuse medical treatment in every circumstance,' and expressed doubt as to whether such a right existed under the United States Constitution. It then decided that the Missouri Living Will statute, Mo Rev. Stat. § 459.010 et seq. (1986), embodied a state policy strongly favoring the preservation of life. The court found that Cruzan's statements to her roommate regarding her desire to live or die under certain conditions were 'unreliable for the purpose of determining her intent,' 'and thus insufficient to support the co-guardians['] claim to exercise substituted judgment on Nancy's behalf.' It rejected the argument that Cruzan's parents were entitled to order the termination of her medical treatment, concluding that 'no person can assume that choice for an incompetent in the absence of the formalities required under Missouri's Living Will statutes or the clear and convincing, inherently reliable evidence absent here." SCOTUS then affirmed the Missouri Supreme Court's decision as permissible action of the states under the federal constitution.

Thereafter, some read Cruzan as requiring the clear and convincing standard because it had approved Missouri requiring it. [A little reflection demonstrates this may not be true.] However, this is moot, because (as we all know) Florida chose to require 'clear and convincing' and Judge Greer found it existed and all of the Florida appellate courts have approved that finding as being supported by the evidence.

So, unless SCOTUS has changed its view of the US Consitution since 1992 (a real possibility with this group of yoyo's), it will uphold Florida's determinations in Terri's case.


40 posted on 03/23/2005 9:09:04 AM PST by winstonchurchill


548 posted on 03/24/2005 8:38:35 AM PST by fight_truth_decay
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To: muawiyah

>>>So his constituents are sickos. We know that.

I wouldn't go that far. Odds are, most had no idea about this case as most are probably elderly and don't have computers. Just in the last month have the MSM given this case ANY play. NOW if they reelect him again, I would give that statement you gave.


549 posted on 03/24/2005 8:39:04 AM PST by sandbar
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To: blackdog
What we have here is a blatant pissing contest in which the elected branch of government has been bitch slapped by the judicial branch. Guess who we have just discovered runs the country? Why do you think dems are so hell bent on just who gets into the judiciary?

Excuse me, yesterday afternoon, the Florida legislature had an opportunity to write state law that would have made the entire judicial review moot. They came within three or four votes of succeeding. Is it the judicial branches fault that the legislature failed to act? Strict constructionism, which is what we are trying to get on the bench is exactly what we got in this case, especially in the Federal Courts. The law the US congress crafted was clearly unconstitutional as it was special law intended for only one individual. Either the Congress was grandstanding for the cameras or they expected the Judicial Branch to overlook the fact that their law was flawed.

550 posted on 03/24/2005 8:39:05 AM PST by Dave S
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To: AmericanInTokyo

I'll go one further: Supreme Dictator of the Universe Greer.


551 posted on 03/24/2005 8:39:11 AM PST by sola_fide
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To: floriduh voter; pc93; All

http://www.earnedmedia.org/bone.jpg

How did she develop noncommunicating hydrocephalus suddenly on 3/30/90 with 2 normal CT scans on 2/23 and 2/27??

Dr. Boyle at CodeBlueBlog has examined the timeline of Terri Schiavo’s brain scans and found that for the first three days of her hospitalization, her brain scans were normal. Then suddenly, on the sixth day, her brain scan showed evidence of a massive injury. He concludes that Terri was hit on the head and suffered intracranial hemorrhage while in the hospital. On a totally unrelated topic, I wonder if Michael Schiavo was spending any time alone with Terri in her room three to six days after her hospitalization?


552 posted on 03/24/2005 8:39:31 AM PST by UCANSEE2
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To: AmericanInTokyo

I prefer Archduke Greer.


553 posted on 03/24/2005 8:39:40 AM PST by steveegg (Attacking each other is just what the LIEberals and pro-death lawyers want us to do.)
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To: MadIvan

I guess this illustrates perfectly "Money is the root of all evil"...


554 posted on 03/24/2005 8:39:40 AM PST by Rutles4Ever (Warning: may eat own)
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To: stonecutter

One way to get back at them is for all of us to refuse to pay anymore taxes.


555 posted on 03/24/2005 8:39:57 AM PST by Edmund Burke
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To: Cboldt

Terri is gone. She needs a full head and body autopsy. The attorney general should seize the body immediately upon declaration of death. Gov.Bush must become tougher than Greer.


556 posted on 03/24/2005 8:40:06 AM PST by Texas Songwriter (.)
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To: Xenalyte
"Quote" is a verb that sloppy writers have used as a noun for an unfortunately long time, and I see no end to it. That doesn't mean that purists must bow to it.

And Goodbye is longtime bastardized version of God be with you. But that's the point; languages evolve and change.

557 posted on 03/24/2005 8:40:14 AM PST by bikepacker67 (#)
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To: Luis Gonzalez

I see you failed to adress my points.


558 posted on 03/24/2005 8:40:30 AM PST by sola_fide
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To: Edmund Burke

But his brother has nice things to say about the sanctity of life.


559 posted on 03/24/2005 8:40:54 AM PST by TigersEye (Free speech! It's not just for Democrats anymore!)
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To: SheLion
Governor Greer? I thought he was a judge?

No, his majesty is an emperor diety.

Cordially,

560 posted on 03/24/2005 8:40:55 AM PST by Diamond
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