People Don’t want Government Involved

townhall.com ^ | April 1, 2005 | Jan M. LaRue

[antonia]

townhall.com
Judging Terri
Jan M. LaRue
April 1, 2005

>snip<

One of the most puzzling aspects of this distressing ordeal has been the repeated mantra, "People just don't want government involved in 'end-of-life' decisions. It should be left to the family.">snip<

How could anyone miss the pervasive presence of government that Michael Schiavo set in motion against Terri?>snip<

The Florida Legislature, like every other state legislature, has enacted laws that regulate end-of-life issues. >snip<

Florida's definition of spouse allowed an adulterous Michael Schiavo to express Terri's "wishes." >snip<

The issue under Florida law is whether Terri ever expressed a statement that she would not want to live if she were in a condition that left her dependent upon a feeding tube. Under Florida law, that has to be established by clear and convincing evidence. >snip<

The "evidence" (the 'hearsay' statement by Terri's adulterous husband') that Judge Greer found clear and convincing is what Congress intended the federal district court to review de novo under "Terri's law." That did not happen.>snip<

Michael Schiavo brought the government into the situation when he went into Greer's court and sought an order to remove Terri's feeding tube even though she was not dying and was not on any extraordinary life-sustaining measures such as a ventilator. >snip<

Then there's the "affront" the no-government crowd expressed when Governor Bush intervened and when Congress and President Bush intervened to provide the same type of federal review of Greer's death warrant that federal law provides to condemned criminals.>snip<

Then there's the matter of all the police officers at Terri's hospice who enforced Michael's every wish and searched Terri's friends and family before they could see her. >snip<

Greer's last order regarding removing Terri's feeding tube on March 18, 2005. It states: "Ordered and Adjudged that absent a stay from the appellate courts, the guardian, Michael Schiavo, shall cause the removal of nutrition and hydration from the ward, Theresa Schiavo, at 1:00 p.m. on Friday, March 18, 2005.">snip<

Notice first that Greer did not simply grant Michael Schiavo the discretion to remove nutrition and hydration from Terri. Greer ORDERED him to do it. Second, the order goes beyond removal of the feeding tube and includes food and hydration by natural means.Greer exceeded his authority under Florida law. By ordering Michael to have the tube removed, Greer eliminated the exercise of discretion by the guardian and exercised it himself. Greer eliminated any exercise of discretion by Michael to change his mind. In fact, if he did change his mind, Schiavo would have had to file a motion asking Greer to rescind his order.>snip<

For the first time in our history, our government has allowed an agent of government to order a disabled person, guilty of no crime, and not terminally ill, to be put to death by dehydration and starvation, which would never be imposed on a convicted murderer because of the Supreme Court's "evolving standards of decency."

How does the "government stay-out" crowd find satisfaction in this?

Janet M. LaRue is Chief Counsel and Legal Studies Director for Concerned Women for America.

[antonia]

Under the Constitution, no person may be deprived of life without due process of law. This has traditionally meant a trial of one's peers, proof beyond a reasonable doubt of a heinous crime and no cruel or unusual punishment. All state's laws are subject to the Constitution. Though she committed no crime, Terri was put to death in a manner most decent men and women would not use to put a suffering animal out of its misery.

[LOC1]

Why was only one man, Judge Greer, the determinant of the facts in Terri's case?

In most other cases, it is a jury that determines the facts. Certainly the facts in all capital cases are determined by a jury.

Qualified individuals can make wise judgments. An individual can also make horrific judgments. Our society has determined that groups of individuals are more likely to be wise. That is why we have city councils, company boards of directors, and jury trials. Groups of people tend to be "less imperfect" than single individuals.

Setting aside personalities, as distasteful as they appear to be, having only one person determine the facts seems to be the central failing of the judicial system in Terri's case. For the future, that failing could be solved by legislative action.

[eyespysomething]

At first I was against the congress and President passing the bill they passed and signed into law, until I realized what it said. It wasn't telling them to reinsert her feeding tube, it was telling the district/state/federal courts to look at all the evidence again and to make sure this was the right thing to do, to err on the side of life, for Terri. But what did they do? They ruled on procedure yet again.

Except that last minute decision by the 11th circuit appeallate allowing the Schindler's to repetition the court to look at the evidence again, but then quickly denied it when they did. THAT was a CYA because they knew they were wrong and it was too late at that point to change things.

The courts were in direct violation of a law passed by Congress and signed by the President. Period.

[ThisLittleLightofMine]

Agreed....also people don't want the government involved in lots of personal issues but at times when people are committing crimes against innocents the government must get involved.

*If the polls are correct and 46% of people believe this was an act of mercy (pulling tubes). I am disgusted with the society that surrounds me.

[SteveMcKing]

It's not that I don't want them "involved". I don't want PUBLIC SECTOR JOBS TO EXIST.

Fake careers, fake studies, and stupid laws all exist by stealing from MY paycheck, damn it, and I want it to stop!

[starfish923]

This site has always been home to the Libertarians. I haven't heard much from them about the Schiavo case.
I think that people being people want the government to intervene, or not intervene, in their lives when it is beneficial for them.
Sounds cynical but I think it's true.

[Fenris6]

which would never be imposed on a convicted murderer because of the Supreme Court's "evolving standards of decency.

I guess beyond a reasonable doubt only applies if you are accused of a crime. In Terri's case, heresay was enough to end her life. What a travesty.

[ViLaLuz]

Ping

[dead]

There's a lot of complete morons in our nation who don't realize that the courts are actually "the government."

They think the courts are some mystical, other wordly, benign arbiter sprung from the ether to mediate between citizens and "the government."

"I don't want the government deciding that! Let the courts decide! Now put Opry back on."

[Fenris6]

I think that people being people want the government to intervene

My undesrtanding is that all the Feds asked for was a review of the facts by a superior court. Remember, the appeals courts only ruled on legal process, not on the facts presented at trial. They could not legally overturn the initial findings unless it could be proved that Greer was incompetent or corrupted.

[MizSterious]

It seems to me that "the government" (at least the judicial branch) was very much involved in this situation. I certainly agree that I wouldn't want those judges involved in any life/death decisions in my family!

[JZelle]

Talk about disgusted, did you see the Fox poll? The "act of mercy" count was over 60!!!

[teeman8r]

here is a voice of one libertarian...

terri shiavo did not make her desires known in a legally binding manner... therefore, the courts intervened illegally on her husband's behalf to the detriment of terri shiavo's much basic right to life... because of the twisted nature of reporting, the true argument of government intervention was not seen from the initial interference of the courts... terri's parents accepted responsibility for her care and the courts should have sided with them in protecting the life of terri shiavo, no matter what her husband declared. because terri's official wishes were not expressed definitively by her.

teeman

of course, if she were not aware of her surroundings as the other side declared, than what difference did it make to them that her parents kept her alive. the government has missed its purpose in protecting terri shiavo...

[CobaltBlue]

Okie-dokie. If your husband wants to kill you, let's all look the other way.

After all, doesn't the sanctity of marriage allow your husband to kill you if he wants to?

And doesn't respect for minimum government cause the rest of us to allow him to kill you without any peep from us?

[CobaltBlue]

You don't want "public sector" jobs to exist?

So, that means no army, no navy, no marines, no courts, no cops?

Great. I have more money and more guns than you do, so I am sure you'll stick to your principles when I decide to pick your pockets and shoot you in the head.

[sinkspur]

I think that people being people want the government to intervene, or not intervene, in their lives when it is beneficial for them.

There are big government liberals, and big government conservatives.

The last two weeks have seen the big government conservatives in action.

[sinkspur]

My undesrtanding is that all the Feds asked for was a review of the facts by a superior court.

Exactly. And the Schindlers' attorney proceeded to lay out, to Judge Whitmore, all of the procedural issues he had with Judge Greer.

No facts. What was Whitmore supposed to do? He can't act on information not presented to him, nor is it his job to drag the facts out of an attorney.

[winodog]

I have felt that way for some time. Something happened the other day that really opened my eyes. A cop on duty and my friend, a captain in the fire department were talking and the cop said he very rarely writes a ticket to anyone in the public sector.

[starfish923]

Thanks for your imput, Mr. Libertarian.
Your remarks were true to form.
NO sarcasm intended.

[ex-snook]

Should the government try to save someone about to jump off the roof?