Posted on 04/04/2005 8:06:29 AM PDT by tessalu
Vice President Cheney says he opposes revenge against judges for their refusal to prolong the life of the late Terri Schiavo, although he did not criticize House Majority Leader Tom DeLay (R-Tex.) for declaring that they will "answer for their behavior."
Cheney was asked about the issue on Friday by the editorial board of the New York Post. He said twice that he had not seen DeLay's remarks, but the vice president said he would "have problems" with the idea of retribution against the courts. "I don't think that's appropriate," he said. "I may disagree with decisions made by judges in any one particular case. But I don't think there would be much support for the proposition that because a judge hands down a decision we don't like, that somehow we ought to go out -- there's a reason why judges get lifetime appointments."
(Excerpt) Read more at washingtonpost.com ...
Judge Greer apparently did follow the law. That is what the appeals courts all ruled.
The appeals courts did not review the "facts" in the case, they just determined that Judge Greer followed the law in determining the "facts."
That law is, I believe, one that should be changed by legislative action. In life and death cases, where there is controversy, the determination of "facts" should not be at the discretion of any single individual. Rather, the facts should be determined by a jury of dispassionate, uninvolved citizens, under the customary rules of evidence.
Had this approach been followed in Terri's case, there is a strong possibility that many of the inconsistencies in the record would have been weighted differently than they were in Judge Greer's sole determination.
disappointed...not surprised.
and is disgusted by what they see.
ping
Great response.
Does that mean the voters are Nazi death cultists?
In the end, the judge even forbade Mr. Schiavo from putting Terri's feeding tube back in if he chose to do so. See the quote from the Florida Second Dictrict Court of Appeals below:
“The trial court’s decision does not give Mrs. Schiavo’s legal guardian the option of leaving the life-prolonging procedures in place. No matter who her guardian is, the guardian is required to obey the court order because the court, and not the guardian, had determined the decision that Mrs. Schiavo herself would make.”
How can you say the judges followed the law when almost every Florida Statute pertaining to guardians was violated, the ADA was violated, Greer refused to recuse himself several times and Statue 38.10 provides for recusal when requested by a party in a proceeding, and more.
Florida Statutes
http://www.flsenate.gov/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes
That may not necessarily be true under the Florida Constitution. In Ohio, there is a right to a jury trial in a state civil case for all causes of action which existed in 1851.
Any right to a jury trial in State civil matter is purely based upon State constitutions and laws. I'm guessing that Florida doesn't require juries in cases like this or that the parties waived the right to a jury trial.
I can imagine that Judge Greer was mighty proud, when he made President Bush, and Jeb Bush, tuck tail and run. He showed the legislature of the USA to be impotent and ineffective. Yes, it looked like Judge Greer ruled the nation for a few days. This has just got to stop! If we want a government of the people, by the people, and for the people, we must fight for it. If we do not fight, we will lose our most basic freedom, the right to live!
Because this was handled by the Probate Court, which never has a jury. Here in Orange County, CA, only one Probate judge handles all competency hearings, which I suspect this was.
Orange County is much bigger than Pinnelas.
I actually cannot imagine that the Washington (*spit!*) Post accurately described this exchange with VP Cheney.
I want to see a freakin transcript.
I'm with Delay as well! Oh, and Cheney said this before Zogby poll came out. Wonder if he will change his mind now? I can't believe these damned politicians! They live by the polls! if the poll says yes, they say yes, if the poll says no they say no! We need leaders who stand up to the polls and say yes when they say no!
Of course rogue judges should be held accountable. Terri Schiavo was denied due process. We don't need a dictatorship of judges.
Your post indicates that you believe a Florida judge is required to recuse himself upon request. That is incorrect, with good reason - do you really think it is a good idea for any litigant to be able to get a new judge just by asking?
Cheney isn't worried about or talking about little probate judges like Greer. He is concerned about the 11th Circuit and their ilk up to and including the Supreme Court. He is also concerned about possible fallout landing on the Bushes. Tough.
I don't disagree with Cheney, but for a different reason. Perhaps it's sophistry, but to discipline Greer for his decisions in the specific case, barring "clear and compelling" evidence of corruption.
However, Greer's obstinant definace over the congressional subpoenas is actionable, as is the defiance of Whittemore and the appelate system to enforce the clear intent of the law passed by congress and signed by President Bush.
Is that clear as mud?
Ok everyone, stop what your doing and call Tom Delay's office and tell him we support a full investigation and Justice for Terri Schindler!
Tom Delay Congressional Phone 1-202-225-5951
Tom Delay Congressional Fax 1-202-225-5241
Tom Delay Majority Leader Phone 1-202-225-4000
Tom Delay Majority Leader Fax 1-202-225-5117
Polls, schmolls. Tom Delay isn't about polls, he's about doing what needs to be done. To quote President Bush on another subject, you're either with us or against us. And I hate to say it, but it looks like the White House is against us on this.
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