Posted on 03/25/2005 6:21:55 AM PST by sonsofliberty2000
TAMPA, Fla. (AP) Terri Schiavo's parents have appealed a federal judge's ruling that kept their brain-damaged daughter's feeding tube disconnected.
Trying to catch up with the legal wranglings this morning. If anyone can answer these questions I'd sure appreciate it:
1. What is the basis of the Schindler's current lawsuit?
2. On what basis did Whittemore deny?
3. Does Gov Bush have any pending litigation? Status?
4. Does DCF have any pending litigation?
Florida has a population of some 17 million, yet, there are not enough men in the entire state that care enough to jsut go get Terri.
Nor, does it seem that the men in her family have the courage to just go rescue her.
No, I'm afraaid we will just sit and let what comes, come.
It has been said: A brave man dies but once, a coward dies a million deaths"
Jake
The court, in 1997 when Michael announced he was'engaged' should have immediately conducted a guardianship hearing and transfered Terri to State guardianship. Because of this failure, we are in the present situation.
Questions to consider:
(1) Why did Michael choose to 'ignore' her wishes for nearly 7 years until 1997 when he announced he was'engaged' to Jodi Centonze and 'suddenly' remembered the conversation about life support with Terri from years before?
Michael Schiavo answer would probably rationalize that it took that long before he realized there was 'no hope for recovery...'
(2) However, the 1992 malpractice suit for $20 million was based on the premise/conclusion that Terri would NOT recover and she would require constant medical care for the remainder of her life estimated by Michael Shiavo and his laywers to be 51 years(which is the normal life expectancey)...Where were her WISHES at that time?
(3) The court, in 1997 when Michael announced he was'engaged' should have immediately conducted a guardianship hearing and transfered Terri to State guardianship, at a minimum because of the obvious conflict of interest on the part of Michael Shiavo.
The court system failed to act at that point, and that is a major factor on why we are at the point we are today.
Guardianship, by law and practice, is determined to be given to that person who is most heavily 'biased' in favor of the disabled person. Under most conditions this would be the spouse. However, most prudent courts, if during the guardianship period, the appointed guardian by circumstances or accident tilts the 'bias' away from the interest of the person so guarded, would conduct an immediate review, and at a minimum, transfer guardianship to the appropriate State agency.
An additional thought, as I presented it to my class at the university yesterday and I posed the question to the students:
If Terri Schiavo's medical condition, feeding tube et al, was exactly the same as it is, age 25, etc. with the single exception that she was not 'mentally' disabled but had all other functions; and she expressed a desire to have the feeding tube removed and wanted to die, what would we do?
Of course the answer is clear, she would not be allowed to make that 'choice' and would be sent for counselling, etc.
Van & Katherine Jenerette www.jenerette.com North Myrtle Beach, SC Professor, Political Science, SCC Associate, Sociology, Coastal Carolina University, South Carolina
Turn, turn, turn
Just announce that the appeal was rejected!
He doesn't need to do that, he can still use the emergency removal procedure, but to do so, we need Greer's sheriffs to recognize that the state police are acting according to law and their order to prevent this is void.
I wish that Gov. Bush would pursue this route.
How fitting for Good Friday. The Judges have decreed that 'it is fitting for one man to die'. This will come back to challenge the judges as did One Man using 12 men [exclude Judas add St. Paul] to preach to the world. The world changed because of Jesus and this country will change because of Terri.
This jerk is around your neck, Hillary.
Excellent points.
Active euthansia is against the law, is in fact murder. Greer has no legal authority to order it, yet he has. It is a void order.
The sheriffs need to be removed from the facility. Can Gov. Bush deputize them as state police and order them back?
Please help Terri. This is murder, no matter how you look at it. Someone, anyone please do something. Terri is alive, and God's law is higher than any laws made by men. What is wrong with these politicians. They are so bent on going by the book that they have forgotton, that we are humanbeings. they are all participating in committing murder so they can be right. I rather they be wrong and save Terri. That would show me that they are really concerned, real human beings, instead of a robot doing everything by the book. Please save Terri!
Oh, thats missing? I'm sure God wanted that to be there.
Did it ever occur to you that God must be pretty serious about this issue if he hold the ENTIRE nation accountable for the sins of a few?
For the judgment against Terri's tormentors, see verses 41-46.
Let's throw out the sancity of marriage while we are at it - we already trampled on state's rights.
There ya go. Invoke "State of Emergency"... wow. I wonder why the Governor didn't think of that? Probably because it's stupid.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.