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 ...
The passengers scream over their cellphones the car is flawed, much to the embarrassment and consternation of the designers, who even as the passengers rush to their deaths, claim it is perfect.
Or at least, that it can't make this kind of mistake.
The court system is sawing off its own legs. Good on 'em. I hope they succeed (at that) beyond my expectations.
But where does it stop?
Do whe then start going to court because a parent wants to end the life of a child with Cerebral Palsy?
What about people who've been in coma's for years on end? Should we devise some kind of Euthanasia machine for them?
Or what about Christopher Reeve? They said he'd have only lived about 7 hours had he not recieved medical treatment?
Once the line is crossed on something like this, it starts us down a slippery slope that we can not hop to climb back up from.
I agree. But there seems to be a large group of people out there in an awful darn hurry to end Terri's life BEFORE there is a chance to do these tests.
Bullshit. This goes on all the time with death penalty cases, racial discrimination cases and environmental cases. And that's just for starters
The author is death cult oriented so he only protests it in Terri Schiavo's case
...True, but only as the laws are currently written. The only way Terri's and her family's fight will not be in vain is if we use what we've learned to better protect the disabled citizen in the future.
Some people who claim to be fore "states rights" seemed to have skipped over that part.
This case screams out for independent review.
Our justice system is cancerous and BROKEN, BROKEN, BROKEN.
The population is so in love with the idea that "we have been given a perfect governmental system, thanks to our benevolent ancestors the Founding Fathers", that they are blind to its crippling flaws.
In fact, the population is intellectually lazy, and unwilling to elect responsible leaders. They are prime candidates for allowing their system self-destruct into a monstrous tyranny.
txradioguy: Ummm ever heard of hiring a lawyer and fighting the ticket?
Oh yeah. Ok, hired a lawyer, and the judge agreed with the lying cop. All neat, tidy and legal. But an injustice. A very pale injustice, compared with what the juctice system, courts and lawyers, are doing to Mrs. Schiavo.
Individuals might learn, but the legal system won't. My most direct beef is not with the law, it is that teh court misconstrued evidence in order to find that Terri wanted to die. What law do you propose that would protect a person that the court has decreed, wants to die?
You are no conservative if you forget that only individuals have rights. States don't have rights. They have powers.
-And your point is what? Since they stand for that we will do so now also? Two wrongs make a right? Is that your point? They do one bad thing so we also get to do a bad thing as well????-
What is the "bad thing" we want to do, exactly?
The "bad thing" we want to do is save Terri's life.
We don't WANT to do anything illegal. Don't wanna hurt anyone. Don't even want the estranged hubby locked up without a trial (although, if he's hit by a bus, so be it).
You can talk all day long about this and that law, but it sounds mighty cold when confronted with the reality of starvation, dehydration, and death. If it was your offspring instead of Terri, you'd never give up like that.
A lot of it has to with family. If you have a family that loves you enough to take care of you then that should overrule the plug pullers and feeding tube yankers. If you don't have such a family support system and you are in very bad shape then I have less of a problem with the plug being pulled. Feeding tubes for people in Terri's condition should not be pulled. She's in great shape compared to an 88 year old who wants the right to die with no extraordinary means to keep alive
Very true. I apologize if I jumped to conclusions...I wrestled with answering that one because I wasn't sure it there was any sarcasm in what you're saying.
I've gone into court with signed and filed legal doccuments from another state and the judge told me "I don't care what kind of back room deal you made to get this done I'm not recognizing this as valid in my court room"
Came THIS close to going to jail because of a judge with an agenda that chose to put his personal feelings above black letter law.
I think you're trying to be clever...but, you wouldn't have to petition the courts to keep "dad" alive. .
However, if your "dad" were in Terri's condition without a living will, (or one that couldn't be found) and your "mom"---claimed to know he wouldn't want to live this way, you'd be right where the Schindlers find themselves.
Right now, the law doesn't allow for a good Samaritan to override spousal rights.
We need to channel our energy to change the laws.
Matters of life and death are under federal jurisdiction.
"You can disagree - but come up with an argument based on the law..."
Well...See Chapter 244 of Florida guardianship law. Judges cannot be surrogate decision makers for anyone other than a family member. Greer has served in that role while he was hearing the case. That's a violation of state law. Why is it not a violation in this case? This seems to be a violation of Terri's rights as a citizen of the state of Florida.
As best as I can tell there have been three, and perhaps four or more guardians appointed by the courts over the last 15 years.
Michael Schiavo
John Pecarek
Richard Pearse
Jay Wolfson
Each of the three guardians - Pecarek, Pearse, and Wolfson were appointed by the court during short periods in which Michael Schiavo's guardianship was forced into review, after which, guardianship was returned back to him.
Nope! My joke is where dad's living will is lost on purpose. Gets deep sixed so his wish to be kept alive is denied. So the sons and daughters etc. can inherit his assets sooner.
Dad's will was in his safe deposit box? Holy cow! We can't find it!
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