Justice Tom Parker (Alabama Supreme Court) Condemns Schiavo Killing

JusticeTom Parker Office ^ | March 31, 2005 | Judge Tom Parker

[Jeff Head]

For Immediate Release: March 31, 2005
Contact: David Linton,
334. 242.4596

NOTE: According to the contact listed above in the Judge's office who I just got off the phone to, this release was sent out last night via email and fax and will be on the Judge's web site later today.

Justice Tom Parker Condemns Schiavo Killing

"Terri’s unjust death is the result of public officials fearing man more than God."

Montgomery — Alabama Supreme Court Justice Tom Parker calls the state-sanctioned killing of Terri Schiavo a "shameful miscarriage of justice."

"The most fundamental duty of civil government is to defend life, especially for those most vulnerable and least able to speak for themselves," Parker said. "The forced starvation of disabled Terri Schiavo — ordered and upheld by appointed judges and aided and abetted by elected officials — represents the ultimate violation of this duty."

"The Declaration of Independence, the founding document of the Unites States of America, states that 'we are endowed by our Creator with certain inalienable rights,' including the right to 'life'. An inalienable right is one that may not be taken away — not by a husband and not by a judge — so those condemning Terri to death, and those supporting that condemnation, have perpetrated a great injustice," he said.

"Some public officials who refused to act to stop Terri's unjust killing are claiming 'the rule of law' kept them from acting. But the rule of law is not whatever a judge says it is; that would be the rule of man. The unpopular truth is that when a judge issues an order contrary to a higher law such as the Constitution, that order is void and should be resisted by the leaders of other branches of government who took their own oaths before God to defend the Constitution. Whether directly involved or not, every branch that refuses to act in such case becomes culpable too," Parker said.

"Terri's forced starvation, what one critic called ‘the longest public execution in American history,' directly violates the Constitution of the State of Florida which mandates that ‘No person shall be deprived of any right because of race, religion, national origin, or physical disability,’ (Article 1, Section 2)." No judicial order can change that."

"By unduly exalting the judiciary and excusing the executive and legislative branches of government from their constitutional duty to protect life and the most vulnerable members of our society, the Schiavo case establishes a dangerous precedent of judicial supremacy."

"Thomas Jefferson warned us of the dangers of judicial supremacy: '[T]o consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.' Sadly many elected officials are content to accept such despotism because it helps them avoid controversial issues."

"Ultimately, Terri's unjust death is the result of public officials lacking moral courage and fearing man rather than God. But He sees their deeds and will call them to account: 'Woe to those judges who issue unrighteous decrees,' the Scripture says in Isaiah 10:1, 'and to the magistrates who keep causing unjust and oppressive decisions to be recorded.'"

[Jeff Head]

Would to God that we had hundreds more such justices like Justice Parker at the state and federal level.

My own thoughts echo this Justice's words. As I have said on numerous occassions on these threads regarding Terri Shindler-Schiavo, the most important statement regarding Terri's situation IMHO, have always been these...

"We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life..."

Special emphasis on "self evident", "edowed by their Creator", "unalienable" and "Life".

When there is any doubt, when there is any chance for error or a mistake, you must err on the side of life. We find this, sometimes to an overburdening degree, in our legal systems for criminals. But it is there precisely because the most fundamental right and moral foundation for our society is the right to life. It must be there for the disabled, the unborn, the infirm, etc. as well. Otherise our nation is on a path that leads to the complete overturn of the most basic principles upon which the nation was founded, and therefore, ultimately, a complete altering and destruction of our free society.

That any judge or set of judges could side step such an issue when the evidence is so clear that there was no clear, compelling consensus either on her physical state or her end-of-life desires, is a monsterous travesty.

That the executive and legislative branches, upon recognizing this and taking steps to correct it could so easily by trumoped and muted is an equal travesty. This case cried out for either of the other branches to not only pass legislation and give directives, but to follow through when challenged and put their foot down and dare the judicial branch to fight the crisis out in court, for years if necessary, while Terri was beung taekn into protective custody and nourished and rehabilitated...opinion polls based on incomplete information and slanted questions be damned. As I said, that it did not happen is a travesty almost equal to the judical fiat that ended Terri's life.

[Zechariah_8_13]

This will sound cynical, but where was Justice Parker when Terri was still alive?

[Jeff Head]

FYI...this press release is spot on target as regards the issues surrounding the travest of Terri's death, and a much needed reminder IMHO to the judiciary from one of its own members, not to mention a message to the legislative and executive branches, as well as to us all.

[blastdad51]

Too late to help Terri, should of made his thoughts known about two weeks ago.

[Jeff Head]

Apparently he was constrained by Alabama state law regarding officially commenting on any ongoing legal issue.

[Jeff Head]

Yes it is too late to help her now...and probably would not have helped then either given he had no jurisdiction and was constrained by his own state law from commenting on an ongoing legal matter...but at least he is making clear the constitutional and moral issues now, immediately following, and is willing to open himself up to what I imagine is fairly significant attacks from the left.

It is hindsight at this point, but my guess is, if somehow Terri could have been spirited out of Florida into Alabama, they would have had a tough time of getting her back under Florida jurisdiction.

[jusduat]

Wow

Your tagline is very profound. Did you make it up or is
it a quote from somewhere that I am to dumb to know?

[Chi-townChief]

And where was Colonel Parker when Elvis got hooked on drugs?

[chgomac]

"constrained by law from commenting"--that's the knot in this whole thin!

Here are some others who were constrained by law from commenting on an on-going legal matter---or because of patient privacy issues:
Hospice Doctors, nurses & staff
All the judges in this case up to and including the US Supremes(but why the dissents weren't publicized is beyond me)

[Jeff Head]

Justice Parker sounds like a good contact/supporter for the Judiciary Committee efforts.

[nicmarlo]

bttt

[Madeleine Ward]

Well, if he was constrained by law from speaking out, how's come the same principle doesn't apply to him?

According to him, he had a Constitutional duty to speak out even though it was in conflict with a state law.

Just my opinion.

[nicmarlo]

agreed!

[agrace]

ping

[Law]

This will sound cynical, but where was Justice Parker when Terri was still alive?

Under the Alabama Code of Judicial Ethics, "A judge should abstain from public comment about a pending or impending proceeding in any court..." So yesterday, unfortunately, was the first day he could speak out.

Under the circumstances, a better question might be: "Why aren't there more people like Justice Parker speaking out?"

[jer33 3]

Indeed we have much to be concerned with the judiciary and the tipping of the balance of powers. It is a great travesty for our nation that certain men are positioned as judges, yet they lack any moral compass based on Truth.

[anniegetyourgun]

And a very good one (opinion) at that.

[Jeff Head]

Like I said, he was clearly not in a position, and had no power to directly help her, either legally or physically, it would have only served to have had him removed from his position and any opportunity to influence future cases in Alabama while not helping Terri at all.

Now, there were others who had the physical means to help but did not, both judicial, executive and legislative...I believe that was his point.

Just my own opinion on the matter.

[Les_Miserables]

"By unduly exalting the judiciary and excusing the executive and legislative branches of government from their constitutional duty to protect life and the most vulnerable members of our society, the Schiavo case establishes a dangerous precedent of judicial supremacy." "Thomas Jefferson warned us of the dangers of judicial supremacy: '[T]o consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.' Sadly many elected officials are content to accept such despotism because it helps them avoid controversial issues." "Ultimately, Terri's unjust death is the result of public officials lacking moral courage and fearing man rather than God. But He sees their deeds and will call them to account: 'Woe to those judges who issue unrighteous decrees,' the Scripture says in Isaiah 10:1, 'and to the magistrates who keep causing unjust and oppressive decisions to be recorded.'"

This may be too late to help Terri but it d@mn sure makes the case why Jeb Bush's career ought to be TOAST! I'm about as conservative as they come and don't believe in devouring our own when there are major issues that have to be addressed but this character has turned out to be all mouth and no guts. What a wimp. Leadership like his we can't abide when serious business is at hand. Where are the honorable champions?

[Jeff Head]

See my post 18.