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To: NoControllingLegalAuthority
You argue legalisms. Correct and thank you for saying that.

I have been trying to get people to focus on the law and not the actions of the court which can not go beyond the law. In this sad case the law is what created this court decision.

The proper law would have had a review of her condition that would satisy everyone with little doubt as to if she was in a PVS or not.

PS: This issue falls into 2 camps - those that think her life support should remain because she is not in a PVS (the majority it seems) and those that are against her life support ending even if she is in a PVS - no matter what state she is in. Which one are you?

188 posted on 03/26/2005 3:51:13 AM PST by Destro (Know your enemy! Help fight Islamic terrorism by visiting johnathangaltfilms.com and jihadwatch.org)
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To: Destro
In this sad case the law is what created this court decision.

No, in this sad case it is the route the judge chose to take through the law that created this judicial starvation murder. He had enough latitude in several places that he could have spared Terri.

191 posted on 03/26/2005 3:53:32 AM PST by HiTech RedNeck
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To: Destro
PS: This issue falls into 2 camps - those that think her life support should remain because she is not in a PVS (the majority it seems) and those that are against her life support ending even if she is in a PVS - no matter what state she is in. Which one are you?

How about a third camp which is "she might not be in a PVS but we need to do a h*ll of a lot more than Michael ever did or authorized to be sure, including a lot of therapy."

193 posted on 03/26/2005 3:55:55 AM PST by HiTech RedNeck
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To: Destro
This issue falls into 2 camps - those that think her life support should remain because she is not in a PVS (the majority it seems) and those that are against her life support ending even if she is in a PVS - no matter what state she is in. Which one are you?

There are a lot of "red herrings" in this case which are going to play out later.

One is the so-called "Persistent Vegetative State".

This is a term which was invented AFTER the discussion about terminating life support began in the 1970s. The purpose of a new diagnostic category, "PVS", was to clarify that there were patients who had not experienced death of the whole brain but who nonetheless would not recover.

Of course, there are many other patients with damaged or absent diencephalic function who do not have "PVS" but who nevertheless are not going to recover.

The use of the term "vegetative" is dehumanizing (vegetables do not have beating hearts, do not breathe, etc, etc, etc), and the invention of this diagnosis intended it to be dehumanizing, in that it would allow the purposeful death of humans. (In a similar way, saying "brain dead" does the same thing, except that brain dead people are really dead in a way that PVS and other brain-damaged people are not).

If it's wrong to kill Terri Schiavo because she has "almost enough brain damage to have PVS, but not quite enough", then it's also wrong to kill her if she actually has "PVS". People who are so invested in a "wrong diagnosis" are barking up the wrong tree.

In moral terms, the use of the term "PVS" obscures more than it reveals-which is exactly what it's inventors wanted to accomplish.

202 posted on 03/26/2005 4:05:00 AM PST by Jim Noble
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To: Destro
PS: This issue falls into 2 camps - those that think her life support should remain because she is not in a PVS (the majority it seems) and those that are against her life support ending even if she is in a PVS - no matter what state she is in. Which one are you?

Correction, 4 or more camps. Error on PVS = 2, Error on correctly finding Terri's wishes = 2, Ethics of forced starvation as a means to CAUSE death = 2. There are various combinations and permutation of those, as you know.

244 posted on 03/26/2005 4:33:59 AM PST by Cboldt
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To: Destro
re: the court which can not go beyond the law.

Doesn't the judge have some discretion in all of this? So far it seems to me that all he's done is rubber stamp any and every request to come from the husband's side. Doesn't the law provide for a judge to take into consideration the intent of a law when the letter of that law results in bad outcomes or an injustice? More as an observation than a prophesy, really bad things begin to happen when citizens begin to feel they have no protection from the whims of one or the other branches of government. This whole case is making a mockery of what America is all about and it's all because a single minor league judge assuages his conscience by following "the letter of the law." You are certainly correct. He has done nothing, that we know of, that is not correct to the letter of the law. But in handling the way he has he has had to divest himself of any semblance of human kindness or mercy.

If this is the law, and indeed it appears as though it is, then the law is a bad law.
287 posted on 03/26/2005 5:10:49 AM PST by jwpjr
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