Posted on 01/06/2007 5:52:57 PM PST by wagglebee
As for Terri, many believe Jeb Bush stained a pretty decent governorship and ruined his political future by being gutless. He had the constitutional duty to protect her and the means to do it. He wussed out completely. Dr. Keyes actually went to see Jeb in person, trying to get him to recognize his duty, but was snubbed.
Ironies abound. The federal bill to ask judicial review for Terri was bipartisan, but Democrats turned around later and blamed Republicans for intervening. More ironic, neither party's actions had any effect on the case at all. It wasn't "overreach," it was no-reach. The feds had a constitutional duty to act, but did too little, much too late, then fizzled out completely. They let a rogue circuit judge walk all over them, didn't even enforce their own subpoenas. They didn't slow down Terri's unconstitutional execution by one minute.
Very well stated.
The way I put it was perfectly clear and it is the law. It was you who insisted that Michael alone had the right and duty to make the decision. It was you who said he DID make it. You were incorrect on both counts.
You did not mention doctors, but since you do now, be advised that Florida law does not allow either euthanasia or assisted suicide. Doctors may not make the decision either.
Michael dreamed up that "following a doctor's advice" yarn only after he got caught in 1993 trying to kill Terri by withholding antibiotics when she was ill. His story didn't hold up to cross-examination.
No you don't... marriage is a public act and that idiot was with another woman anyway... no more relationship...
The state should keep its grubby paws out of that relationship -
The marriage license already let them into it... and you signed it...
The state should keep its grubby paws out of that relationship - they have no right to interfere with family medical decisions.
Parents and siblings are blood family... spouses are not...
Child neglect and spousal abuse are crimes...
I agree. Keep in mind that it was Michael who first asked the state to intervene -- in 1998. It was the state that prevented private medical decisions and prevented Terri's family from having any say in those decisions. It was the state that ordered her death by dehydration / starvation.
Amen. I know they want us to post that part, but I'll wait until they request it.
There is no problem and I did read all the posts. I replied to your comment to me in #107.
>> I'm glad you agree with me, that garv's attack on Michael Schiavo was without foundation and had "nothing to do" with the legitimacy of his guardianship.
Stop being glad, I don't agree with you.
The state is just as much involved in your divorce and any matters of abuse and spousal/child support if you get married.
We are not like the Islamics where a woman is a slave subject to beatings or murder by her husband's whim.
It is also the business of the state, since you got a birth certificate for your child, to assure you are accountable for child neglect/endangerment.
Marriage, like medical practice and legal practice requires a license - - AND ONCE YOU SIGN FOR IT, IT IS EVERY BIT THE STATE'S BUSINESS WHAT YOU DO...
Well said.
Interesting point. Thanks for mentioning it and for explaining it so well. I certainly would not (and did not) argue that the state had no interest in crimes, child neglect and all the rest, within a marriage. The law does not authorize one spouse to harm the other or the children, even under color of a "private" medical decision.
The Schiavo litigation turned more on guardianship; marital status remained a private matter. All the Schindlers could do was plead for Michael to give Terri a divorce, which, of course, he refused. As long as he was the guardian, he prevented Terri from suing him for divorce! (I suspect a guardian ad litem could have fixed that, and that may be why Judge Greer would not allow a serious GAL.)
My opinion, incidentally, is that Terri's still-unexplained injuries were the result of an assault by Michael. He lost his only alibi with the autopsy report, and he has told too many different stories about what happened that night, none of them plausible.
I think Mr. Shiavo attempted to murder his wife and botched it, panicked about being discovered and ended up having her hanging on by a thread in an emergency room...
He could have never let the real facts of how she may have gotten into that condition known under any circumstances...
It was the state that ordered her death by dehydration / starvation.
I think that's a misleading characterization. The treatment did not originate with the state; the court ruled that the guardian's proposed treatment was legal, reasonably represented the wishes of the patient and he could go through with it. Had the guardian wished another course fo treatment, the court would have ordered that course of treatment followed.
You might consider this a small difference perhaps, but it is important to keep these things clear.
Marriage, like medical practice and legal practice requires a license - - AND ONCE YOU SIGN FOR IT, IT IS EVERY BIT THE STATE'S BUSINESS WHAT YOU DO...
Interesting.
Do you see any limits to the State's power to control what happens between husband and wife in their marriage?
I agreed with this statement earlier, and still agree if the medical decision is on the up and up. But I also agree with Sir Francis Dashwood's point that if such a decision breaks the law, it's no longer private. In fact, it's downright deceitful to use terminology like "private medical decision" to hide a murder.
It isn't. You should read Judge Greer's order. It was ultra vires in withdrawing not only medical care (arguably legal) but also oral nutrition and hydration (which is not withdrawable medical care in law). Iow, Judge Greer, on no legal authority whatsoever, ordered Terri's death.
And, no, your wife may not sentence you to death when you are conscious or unconscious. That is murder.
A marriage LICENSE is a PUBLIC document, a PUBLIC act... you sign it, it is no longer a private matter... period...
Exemptions for dependents on tax returns, social security, birth certificates, making babies, all of it is public business if it involves public money... and if you sign for them, you have authorized the state to make it their business.
"Privacy" is not found anywhere in the United States Constitution...
As best I can reconstruct it, he dragged her out of bed when he got home. She would have been asleep, and could have offered no resistance in any case -- he's twice her size and he had her from behind. He wrestled her down a few feet away in the hallway, outside the bedroom door, and got on her back. His knees pinned her down. He had one knee in the small of her back (which caused a compression fracture at L1 plus fractures at rear of ribs -- both of which are very unusual injuries) and the other knee on her right leg (leaving a bone bruise on right femur; another odd injury). Her head was sideways. His weight was so great she couldn't breathe. Neither could she speak, to beg him to stop. She did struggle -- that was shown by a condition called lactic acidosis in her blood tests = violent exertion in the absence of oxygen. She tried desperately to draw a breath but could not. The struggle could not have lasted long, though. Unconsciousness comes within seconds, death soon after if this position is not relieved. It is called "positional asphyxia" and it shows up mostly in police restraint cases where the police get too heavy holding a criminal down. It kills. Michael stayed atop her too long. Then he panicked and went to pieces. When the medics finally did get there, Terri was in full cardiac arrest and needed seven defibs. Incidentally, the famous acute hypokalemia that showed up in Terri's blood testing is characteristic of trauma, not of bulimia.
Your scenario is most plausible... but that would still make it a homicide.
His animosity toward her parents regarding her internment betrays him to me as a would be murderer... I cannot prove it, but it does point me towards the intent to commit murder or grievous bodily harm at the least...
It is the psychological profile of his behavior.
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