8mm
Posted on 08/16/2007 4:48:53 PM PDT by wagglebee
LaCrosse, WI (LifeNews.com) -- Wisconsin Right to Life has filed a legal motion to attempt to intervene on the behalf of a disabled woman there who has become the target of euthanasia. The guardian of the LaCrosse women has requested the withdrawal of nutrition and hydration that could lead to a painful death similar to Terri Schiavo.
The woman is named Marilyn and in her 50s and she has had several strokes and has dementia. However, she is believed not to be terminally ill and is not dying, the pro-life group told LifeNews.com.
She is currently a patient at Gundersen Lutheran Medical Center where she is being kept under sedation and is fed through the use of a feeding tube.
Marilyn has left no advance directive or instructions or otherwise indicated her wishes with respect to the withdrawal of life-preserving nutrition and hydration. That's what led to the legal dispute between Terri's family and her formal husband, who eventually won the right to have her killed.
Wisconsin Right to Life attorneys Rick Esenberg and Terry Allen Davis submitted the motion to intervene in the case for the organization.
"This should be the end of the matter," they told the court. "Under controlling law, it is not possible for Marilyn's guardian or this court to order the withdrawal of nutrition and hydration."
The attorneys cited the 1997 Wisconsin Supreme Court decision in the case of Guardianship of Edna M.F.
In the case, the state's high court unanimously held that "a guardian may only direct the withdrawal of life-sustaining medical treatment, including nutrition and hydration, if the incompetent ward is in a PVS and the decision to withdraw is in the best interest of the ward."
Robyn Shapiro, an attorney for Marilyn's guardian, told the LaCrosse Tribune newspaper during a Tuesday court hearing that she is “functionally equivalent” to a persistent vegetative state and her medical history supports the position.
An August 22 hearing in the case will be held in the LaCrosse County Circuit Court before Judge Scott Horne.
In the Tuesday hearing, Judge Horne said he was skeptical of Shapiro's position in the case but also accepted his arguments that Marilyn at one time indicated she didn't want to live like Terri Schiavo.
Should that be accepted as her medical directive, it could change the outcome of the case.
Davis responded to that argument saying that Shapiro is simply setting up a case for an appeal and that he is a well known euthanasia advocate who is trying to expand the number of cases when lifesaving medical treatment can be withdrawn.
Expanding those circumstances creates “intractable ethical issues and has far-reaching implications for the way in which treatment will be provided and diagnoses will be made," the WRTL attorneys said.
Related web sites:
Wisconsin Right to Life - http://www.wrtl.org
NO, she had a stroke.
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Another leftist lawyer trying to achieve through the courts what they cannot achieve in the legislature.
And their desire is almost always to either destroy our Judeo-Christian culture or just simply kill people.
And their desire is to destroy Judeo-Christian culture BY killing people.
Doesn't take long to figure out their allegience is to the dark lord, does it?
Pre-birth murder or euthanasia - they are both murder. If Shapiro gets his way, and Doctors like Krevorkian proliferate, who knows where they will stop? A slippery slope if I ever saw one!
guardian may only direct the withdrawal of life-sustaining medical treatment, including nutrition and hydration, if the incompetent ward is in a PVS and the decision to withdraw is in the best interest of the ward.
Dang, that sounds like a mighty elastic law — not sure how the lawyers feel about it, but to me it is not quite a high a standard as Florida’s “clear and convincing evidence” standard.
I don’t know that I have the strength to fight these ghoulish devils as they arsie more and more to tout the utility of their murderous methodology. Even so, come quickly Lord Jesus.
We have long been told that it will have to get A LOT worse before He returns.
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Pro-life bump.
Yah, well, Esenberg’s a DAMN smart lawyer, too.
This should be fun to watch as it matures. I suspect that Shapiro will be working extremely hard to get to 1st base on this one.
My point was that the Florida law required “clear and convincing evidence” that the person wanted to die (in the opinion of the trial court judge)
However, if Terri had left a living will stating that she wanted to be left alive (the intent of the law though was to make keeping the person alive the default action), it would be pretty hard to argue she wanted to die.
However, even if a person left a living will stating that he or she wanted to live, an attorney could still argue (and a judge decide) that it was in the best interest of the person to be starved and dehydrated.
www.terrisfight.org
If people knew how painful dehydration was, they'd never check "no hydration." But that's what morphine's for.... Then you end up with a morphine overdose and dehydration of someone not dying.
Barbarism.
We’ll see. I don’t have the text of the applicable statute here.
Esenberg’s a blogger (http://sharkandshepherd.blogspot.com). I’ve met him. Federalist Society, either Yale or Harvard Law, (despite that, he has his head together.)
The Wi Supreme Court is 4 to 3 Wacko Lefty, however...if this gets that far, it will be very interesting.
In a surprise move Friday in La Crosse County Circuit Court, attorneys for the guardian withdrew a request to stop life-sustaining treatment. They asked La Crosse County Circuit Judge Scott Horne to dismiss the case without prejudice, leaving the door open to refile the case at a future date.
http://wigdersonlibrarypub.blogspot.com/2007/08/life-saved.html
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