Posted on 03/26/2005 1:34:45 AM PST by Destro
March 25, 2005
COMMENTARY
Why Schiavo's Parents Didn't Have a Case
By Andrew Cohen, Andrew Cohen is CBS News' legal analyst.
Terri Schiavo's parents did not lose their federal case because they didn't try hard enough. They didn't lose their case because everyone conspired against them. They didn't lose it because Congress ticked off the judiciary over the weekend with its over-the-top custom-made legislation. They didn't lose it for lack of money or because they failed to file a court paper on time. They didn't lose it because the laws are unfair or because bureaucrats sometimes can be arbitrary and capricious.
The Schindlers lost their case and their cause — and soon probably their daughter — because in the end they were making claims the legal system has never been able or willing to recognize. They lost because they long ago ran out of good arguments to make — those arguments having been reasonably rejected by state judge after judge — and thus were left with only lame ones. And they lost because in every case someone has to win and someone has to lose. That's the way it works in our system of government. It isn't pretty, and sometimes it's unfair. But it's reality.
Especially during this final round of review, orchestrated by Congress' extraordinary attempt at a "do-over" for the couple, Schiavo's parents lost appeal after appeal specifically because they were asking the federal courts to declare that their constitutional rights had been violated by the Florida state court rulings in the case. They were arguing, in other words, thanks in part to their custom-made congressional legislation, that the federal Constitution gave them the right as losers in state court to get a new, full-blown trial in federal court.
(Excerpt) Read more at latimes.com ...
their principles like not to kill the innocent should supercede the principle of state rights.Whatever that is.
I thaught that really the whole state vs federal rights was just a device used to protect the individuals in the states.
It would be crazy to sacrifice the individual to save the device.
"If such a motion was put forth it has been rejected. Case closed for that avenue."
And you know for a fact this was done because???
You're so eager to dance on a grave that you don't even know there is a body in. Tells on your character.
Separation of powers also means that the executive branch is not bound by the rulings of the judicial branch.
Not when it comes to an impeachment proceeding.
No, I don't call the Schindler's and suggest it quick!
"You must be joking?"
Ummm no I wasn't.
Yes! Because the only recourse against a misbehaving executive is impeachment. Which the LEGISLATURE does. Not a court.
There is a body in where?
"If we want to go the conflict of interest path...then lets not forget that Felos donated to Judge Greer's last election campaign and is on the board of directors for the Hospice where Michael is keeping Terri."
I had no idea. I would say the man in Black has a severe conflict of interest. Why has no one brought this up before?
Why has Terri been kept in Hospice Care for 5 years? Hospice is for end of life care for the dying, not for rehab and care for the disabled.
"No, I don't call the Schindler's and suggest it quick!"
You know it's answers like this and your holier-than-thou attitude that makes it REALLY hard to keep going in a civil manner with you on this debate.
Yes it does - checks and balances - sheesh.
Search the FR discussion links. I think that's where I saw them at today.
You're dancing in glee about something that could be a non issue.
We disagree with the lead article, if you happen to notice. The Schindlers' attorneys have muffed it.
Horsehooki. You don't call it a "court case" what amounts to kiilling witnesses.
Happens when I have to repeat myself.
But the courts were NEVER designed to hold more power over the law than the other two branches. Which is the case this country today.
The checks and balances are being trumped by the false notion that every thing is subject to judicial review.
What are the checks and balances on the judicial branch of government these days?
You're going to fall off that Clydesdale and bash your head in some day.
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