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 ...
Which means the governor can act if he believes the judge to be wrong.
That he hasn't done so is disappointing, though perhaps not surprising, it doesn't change how I feel about this judge and his ruling though.
The Schindlers' attorneys have muffed it.means?
Whatever. You go ahead and revel in sanctimonious glee over the murder of this woman and I'll pray that you never find yourself in the same situation.
Yes it IS rather pathetic that you would be so sanctimonious as to presume that because the kids wanted to something very Christian in nature that they would be "simpleminded".
Christian in nature?
How do you know God wants somebody who's brain is basically disintegrated and cannot be revived...to linger on in a horrible vegatative state indefinitely?
What kind of God do you think we have?
How do you know He doesn't want to liberate people from these awful states of existance and bring them to Heaven?
The idea that we have simple minded adults encouraging vulnerable children to bring a glass of water to terminally ill patient doesn't mean they neccessarily have God's will in mind.
Try taking some English as a Foreign Language courses.
Oh, come on. This wasn't supposed to set a precedent. This situation is unique -- it involves not just custody or guardianship, but whether a disabled adult should be allowed to continue living or starved to death. This law was in the spirit of a death row appeal, not "Who gets the kids?"
This whole starvation/killing episode has waken up lots of people to the evil intentions many of our courts have. The "fix is in" is very well seen, now. I think, if we wish to save America, we're going to have to repopulate the courts with people who respect the idea that cival law is based on Natural Law.
"The chief concern of civil authorities must therefore be to ensure that these rights are recognized, respected, co-ordinated, defended and promoted, and that each individual is enabled to perform his duties more easily. For 'to safeguard the inviolable rights of the human person, and to facilitate the performance of his duties, is the principal duty of every public authority'." Gospel of Life, Chapter III, section 71. (http://www.ewtn.com/library/ENCYC/JP2EVANG.HTM#Chapter%20III)
Oh yea - it's a FreeMason conspiracy - he tried to do in his wife and failed so he gave the judge the secret wink so he can cover up the evidence.
I post in the Queen's English - I don't know what version you psot under.
"How do you know God wants somebody who's brain is basically disintegrated and cannot be revived...to linger on in a horrible vegatative state indefinitely?"
I'm sorry I didn't know I was talking to an expert in Theology. I bow to your infinate wisdom on this your holiness.
"The idea that we have simple minded adults encouraging vulnerable children to bring a glass of water to terminally ill patient doesn't mean they neccessarily have God's will in mind."
And you are assuming facts that are not in evidence here.
Why do you say courts? The legsilature passed this provision.
What are the checks and balances on the judicial branch of government these days?
Destro why post these threads if all you're going to do is belittle and demean the people who come in and argue against your side of the issue on this?
Did you expect to post this story and have ONLY people post who agreed with you?
Why even have the debate if you can't bring your nose down out of the air long enough to discuss this rationally and minus your normal heavy dose of sarcasm?
Your posts in this thread suggest you think you have them.
"Your posts in this thread suggest you think you have them"
I'm sorry but just WHERE did I give you that impression?
Whatever you post in, you don't seem to read worth a squat.
I think I am discussing this issue with cold rationality. It's your side that throws the Hitler/Nazi bombs and as you can scroll up - it was I who was flamed not the other way around.
The Schindlers have had lousy lawyering from the git go. They should have retained a top flight Constitutional lawyer like Alan Dershowitz or Davis Boise instead of a political idealogue .
Sorry, but your sentence structure was poor and made no sense. Try again with a better composition.
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.