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Death by Court Order (Terri Schiavo)
NRO ^ | April 25, 2005 issue | Andrew C. McCarthy

Posted on 04/15/2005 9:45:26 PM PDT by FairOpinion

The death certificate for Theresa Marie Schiavo should record that she was killed by court order. The state courts flagrantly violated the democratically enacted laws of Florida — laws expressly intended to protect the incapacitated and vulnerable whenever there is doubt about their true condition or their desire to live. When the Congress and the president of the United States took extraordinary steps at the end to have the case reviewed, the federal courts haughtily ignored them.

The courts’ overreaching began in 1990, the very year Terri Schiavo, then 26, was stricken. The Supreme Court that year decided the Cruzan case, which concerned another woman’s tragedy. Here, the Court held both that the Fourteenth Amendment guaranteed a right to decline medical treatment, and that medical treatment included basic sustenance. Further, the Court held that a surrogate could exercise this right for people who (a) were in a “persistent vegetative state” (PVS) and (b) had convincingly expressed a desire not to be sustained if they ever reached that state.

Both tests were dangerously imprecise. PVS combines the total loss of higher cognitive functions with the persistence of rudimentary reflex responses. A person who is minimally conscious and responsive to stimuli is not in a PVS. Because the condition is so difficult to get a precise fix on, some experts peg its misdiagnosis rate as nearing one out of every two cases. The Court’s standard for intent, meanwhile, did not require a reliable piece of writing, such as an authenticated will. Hearsay would do the trick. . .

(Excerpt) Read more at nationalreview.com ...


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: schiavo; terri
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To: FairOpinion

Yeah, I read Ann's comments. She gets it so clearly. There was a recent thread making a learned comparison between Terri's plight and that of Dred Scott, and the advent of the fourteenth amendment and subsequent 'subpreme' Court chippings away until the fourteenth is toothless now in the 'inalienable right to LIFE', the DI principle intended to be codified with the 14th Amendment.


21 posted on 04/15/2005 10:46:01 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: MHGinTN
You post brought chills!

It should. It is the product of some of the most powerful modern minds, those thinkers who try to figure out what is going on. Instead of figuring out, designing, some ideal utopia like the Marxists of 150 years ago, they are merely trying to see what is going on and where we are headed. It is not a pleasant place where we are going as fast as out feet can carry us.

22 posted on 04/15/2005 10:48:12 PM PDT by RightWhale (50 trillion sovereign cells working together in relative harmony)
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To: FairOpinion

And one more thing: I'm sick of fools stating that Terri received due process of law; what Terri received was 'process', but she definitely didn't get what was 'due' based on our/her DI and our/her Constitution. why?... Because the elites effectively dehumanized her from the start, just the way Taney dehumanized Mister Scott, setting the final outcome of his case before any consideration was made and thus actualk due process based on the Constitution and founding Documents carried out.


23 posted on 04/15/2005 10:49:38 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: Earthdweller

"I saw someone post yesterday that us "Terri fanatics" need to think about how much it costs to keep disabled people alive and that the health care system will go bankrupt if we don't start killing off Terri types.

It made me literally ill."

===


Hitler held the same opinion -- "useless people" don't deserve to live.

CIVILIZED people don't think that way. It is indeed frightening to see people here advocate the killing of all those who aren't useful to society -- until someone decides that your political opinions should also play a part in that decision.


24 posted on 04/15/2005 10:56:07 PM PDT by FairOpinion
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To: Earthdweller

For being a conservative forum, some of these cold blooded posters scare the hell out of me.


25 posted on 04/15/2005 11:21:28 PM PDT by tertiary01 (How many highly paid "professionals" did it take to kill a powerless disabled dependent woman?)
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To: FairOpinion

I am still so sad about her suffering that I can barely stand to read this stuff.


26 posted on 04/15/2005 11:24:44 PM PDT by MarMema
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To: MarMema

I know what you mean -- but out grief over Terri needs to turn to resolve and demand justice and make sure this will never happen again.

Tom Delay asked the Judicial Committee to investigate all judges involved in the decision and work on a Legislation.

These judges who made a mockery of the law and human decency need to be held accountable by Congress.


27 posted on 04/15/2005 11:29:24 PM PDT by FairOpinion
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To: Rodentking

I don't intend to be rude, but please tell me what you would have done if you were POTUS? I really don't see what more President Bush could have done within the law. Had he done some of the things being suggested; the Democrats would already be filing impeachment charges against him.


28 posted on 04/16/2005 12:00:58 AM PDT by PeskyOne
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To: PeskyOne
I'll tell you what I would have done. I would have sent federal marshals into that hospice and removed an innocent woman being inhumanely and slowly murdered by a barbaric court order violating the U.S. constitution.

I know the difference between right and wrong. I answer to a higher moral authority than a death-obsessed probate judge.

I would have made a speech defying any court in the United States, operating under the constitution, to justify the murder of an innocent woman never convicted of any crime.

I would proudly stand before any impeachment proceeding with confidence and in Christian faith that I was defending the sanctity of life guaranteed all Americans since the founding of this nation.

The murder of Terri Schiavo is a disgrace to America and to the President and the Governor of Florida.

On the day of her death, the rule of law in America parted company with basic humanity.

The President says he is a Christian. Jesus said whatever we do to the least we have done to Him. We have done no less than to starve to death, through the innocent Terri Schiavo, the Son of God Himself.

29 posted on 04/16/2005 12:34:34 AM PDT by NoControllingLegalAuthority
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To: NoControllingLegalAuthority

Well, if you ever run for office, let us know, you have my vote!


30 posted on 04/16/2005 12:38:52 AM PDT by FairOpinion
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To: FairOpinion

I hope for the day when this back robed punk gets nailed.


31 posted on 04/16/2005 12:47:56 AM PDT by dennisw ("Sursum corda")
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To: NoControllingLegalAuthority

You certainly have my vote should you ever run for office!


32 posted on 04/16/2005 3:08:00 AM PDT by whenigettime (civil war in the U.S. is at hand)
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To: dennisw

Just curious, anybody know if Judgenfuhrer Greer is still under protective custody? I heard he had moved out of his house.


33 posted on 04/16/2005 5:56:11 AM PDT by hillary's_fat_a**
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To: FairOpinion
CIVILIZED people don't think that way.

Perhaps a different adjective would be in order. Evidently civilized people do think that way.

34 posted on 04/16/2005 7:41:54 AM PDT by RightWhale (50 trillion sovereign cells working together in relative harmony)
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To: FairOpinion
The more I think about Terri Schiavo, an innocent, disabled, defenseless woman sentenced by court order to a barbaric horrendous death, I wonder why did she have to die?

It's obvious her husband for whatever specious reasons he could concoct, treated Terri as if she were an albatross chained around his neck. A lingering presence that he had to eliminate. The only way he could affect this was through a judicial system to maintain his own freedom, and fortunately for him, not for Terri or her loving family, he found Judge Greer and Attorney Felos.

Terri was treated no better than a slave. Damaged property to be disposed of because she was no longer useful to her husband.

All the wondrous and gallant words of our Constitution, our Declaration of Independence, and our Bill of Rights could not save her from this heinous death order. A husband's desire based on his recall seven years after his wife's collapse of Terri's plea to do her in, starve her to death if she should become a 'vegetble' was all that was needed for Judge Greer to agree, of course the judge did take into consideration Michael's brother and sister-in-law confirmation of Terri's wishes. but, all others who disagreed and refuted these claims were not heard.

The question I have for Michael Schiavo is based on whether he is sane. For what madness must lurk in the mind of a man who stands by while his wife suffers and slowly dies by starvation and dehydration. He sees her tongue swell and crack, he sees a thick film appear around her mouth and throat which will eventually clog up her respitory system. He sees her gasping for air. He stands by. No succor, no water for her cracked lips. Nothing. He stands and watches. Counting the hours to her death. Her death, his freedom.

The doctors give Terri morphine. Is it more for Michael's need for a semblance of 'euphoria' and 'peace' that Felos told him would come as a result of starvation?

Her eyes hollow and dull, perhaps Terri feels fear. Some recognition that something is terribly wrong. Her throat is dry, no one gives her water. Her skin is cracking, no one puts lotion on to soothe her. Her organs are drying up, and why is her mother, her father, her brother and sister standing by with horror in their eyes and horror. Why aren't they touching me? A priest comes. Why?

Michael is surely insane to allow this to happen, to see the truth of his barbarey when all he should have done was to release her to her parents. Why was it so imperative that she die? Why could he not let her live?

35 posted on 04/16/2005 7:45:16 AM PDT by harpo11
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To: MHGinTN; GeekDejure; tertiary01; FairOpinion; PeskyOne; NoControllingLegalAuthority
First please understand, I was totally behind saving Terri, her death torments me still, and now, the matter will never rest with me until there is a criminal investigation.

That said, however, it was wrong for the Repubs to push this Federal legislation. Why? Because anyone with a bit of political acumen, should have realized that it WOULD NOT save Terri! It was destined to be ineffective, ab initio.

The result of this legislation could only be precisely what eventuated; a divisive confrontation between pro-life and pro-choice/death forces (media), that could NEVER garner the public support needed to save Terri.

What should the Republicans had done? Simple. Nine recalcitrant REPUBLICAN Fla. Senators could have saved Terri. The first call to the Numbskull Nine, should have been from Jeb. If ineffective, the second should have been from The Hammer. Still ineffective, the 3rd call should have been from the Speaker of the House.

And if still ineffective, the Numbskull Nine should have received a call from the White House secretary- “Please hold, the President of the United States would like to speak to you!”

If still ineffective, the Nuclear Option. A personal visit from Condi Rice and Ann Coulter.

It is wholly incredible,and virtually politically unacceptable, to believe that the National Leadership of the Republican Party could not find the means to flip these votes. But, past is past. In releasing the Med. info yesterday, Greer blinked for the first time. It won't be the last. Justice will ultimately come to Terri.

36 posted on 04/16/2005 7:45:57 AM PDT by sirthomasthemore (I go to my execution as the King's humble servant, but God's first!)
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To: sirthomasthemore

BTTT


37 posted on 04/16/2005 7:56:05 AM PDT by GeekDejure ( LOL = Liberals Obey Lucifer !!! -- Impeach Greer !!!.)
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To: sirthomasthemore
Had Judge Whittemore done his judicial duty, to afford Terri due process having been handed the habeas corpus to take and do a de novo trial, the outcome would have been very different. Sadly and outrageously, Judge Whittemore functioned as another rubber stamptrooper, passing on the process and completely and arrogantly ignoring what was due to Terri under out/Her Constitution.

I too continued pleading for the governor to act in a more forthright and less calculated-to-avoid-being-politically-embarassed way, but it is very apparent that we the people have a constitutional crisis upon us, where one branch of our government has taken to behaving as if it is the oligarch of this Republic. We the people need to demand that a few of those smarmy black robed bastard kings be impeached and removed for violating OUR fourteenth amendment where Terri was concerned. I prefer that to the velvet hammer techniques you outlined because the real problem is within the arrogant judicial branch and thus would have only been set aside for a time by the method you endorse.

38 posted on 04/16/2005 9:03:37 AM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: sirthomasthemore

Good post!!


39 posted on 04/16/2005 9:18:32 AM PDT by MarMema
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To: harpo11
Why was it so imperative that she die? Why could he not let her live?

If he had, her parents would have 'won' and he would have 'lost'.

40 posted on 04/16/2005 9:36:29 AM PDT by kaylar (I)
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