Sometimes, there's the impression that locals aren't involved. That impression's incorrect.
We may start vigiling at Terri's current assisted living facility but nothing concrete yet.
Posted on 01/05/2004 1:42:20 PM PST by cpforlife.org
This is a Hospice Patients Alliance Special Update Jan 5, 2004, sent out periodically to inform the public about news affecting hospice and end-of-life care.
We have just confirmed that ALL of Judge Baird's cases, INCLUDING the suit by Michael Schiavo v Gov Bush related to the Terri's Law, challenging its constitutionality, HAVE been transferred to Judge Nelly Khouzam. This information came directly from Judge Khouzam's assistant. Judge Khouzam is known to be a "by the book" tough, but fair judge.
For a little about Judge Khouzam see:
"Diminutive judge sits tall behind the gavel" Northpinellas St Petersburg Times 12/29/2002 http://www.sptimes.com/2002/12/29/NorthPinellas/Diminutive_judge_sits.shtml
The court is NOT explaining why the judges were suddenly switched, except to say that "judges rotate from time to time." We believe it might have something to do with:
Local PINELLAS COUNTY COURT BAILIFFS AND COURT EMPLOYEES WERE TAKING BETS ON WHETHER TERRI WOULD DIE OR NOT!!!
It was widely reported that Judge Baird made reckless and prejudicial comments in support of Greer and Felos and against Jeb's lawyers way before he had heard the evidence from the Governor's attorneys.
In other words, Judge Baird's comments are the likely reason local Pinellas County employees were doing "inside betting" that the local Pinellas County Judges would back each other's poor and constitutionally illegal decisions against Terri's constitutional rights and thus overrule Jeb Bush and Terri's Law. The 6th Circuit Judges are upset to have anyone tell them they are morally and legally wrong...... whether it's constitutionally illegal or not to murder Terri.
Conducting inside betting on the case is a severe violation of the code of conduct for court employees! Whether that is, or is not, the reason the judges have been switched, the very important change in judge can be extremely significant to what happens to Terri. We are hoping that Judge Khouzam will give the Gov a fair hearing in the case and allow the discovery he sought (which was denied by Baird). If Judge Khouzam allows some discovery as requested by Gov Bush, it could make all the difference!
You heard it hear first!
Ron Panzer President, Hospice Patients Alliance http://www.hospicepatients.org
You have yet to show that the state could not ban such things totally and stop the exercise of this purported right. And do not forget that there is a competing right, Terri's right to life, and the state has leeway to decide where the two rights meet. It is not a one sided question as in your hypothetical example.
Still there is an element of ridiculosity in the very idea of a civil court deciding such questions. Life is too sacrosanct to treat like the question of who inherits Grandma's coffee table, or even who holds title to the land upon which my house sits.
MATTERS OF LIFE AND DEATH
Pro-abortion pols barred from communion
Catholic bishop issues decree addressing 'manifestly grave sin'
Posted: January 9, 2004
1:00 a.m. Eastern
© 2004 WorldNetDaily.com
A Roman Catholic bishop issued a formal decree barring any Catholic lawmaker in his diocese who favors abortion from participating in the church's Holy Communion sacrament.
Bishop Raymond Burke of La Crosse, Wis., will be installed later this month as archbishop of St. Louis.
The American Life League, a Virginia-based group that has encourage bishops to take such action in accordance with church law, hailed Burke's decree as "a historic step forward."
"We have diligently brought to the attention of America's bishops the pro-abortion public comments of Catholic elected officials in each of their dioceses, and the church's remedy for this disparity," said American Life League's president, Judie Brown.
In his notification, Burke said, "A Catholic legislator who supports procured abortion or euthanasia [emphasis mine], after knowing the teaching of the church, commits a manifestly grave sin which is a cause of most serious scandal to others. Therefore, universal church law provides that such persons are not to be admitted to Holy Communion."
The decree orders priests to withhold communion from such lawmakers until they "publicly renounce" their support of abortion rights.
American Life League publishes the names of public officials who "claim the Catholic faith yet ignore the church's clear teachings on the sanctity of human life." The group says it has identified more than 500 state and federal officials.
The group noted the Vatican reinforced those teachings a year ago when it issued a "Doctrinal Note on some questions regarding the participation of Catholics in political life."
The United States Conference of Catholic Bishops recently established a task force to address the issue.
"We will continue to encourage the task force – and all American bishops – to defend the truth and send a loud, clear message to all Catholic public officials: You cannot be pro-abortion and Catholic," Brown said.
A Democratic lawmaker in Burke's diocese, U.S. Rep. David Obey, said he respects the bishop's effort to attempt to influence him through advocacy and reason, the Associated Press reported.
"The votes I cast are driven by my own independent judgment and conscience, not by a set of marching orders given by any church hierarchy, prelate or associated lobby group," Obey said, according to the AP.
*********************************
Halleluja! It's about time! I wonder what Cardinal Egan is waiting for? Is it that he wants to sit next to some old cronies at the Al Smith dinner?
God love Bishop Burke! Too bad he's not going to Pinellas!
Note the hubris of David Obey! Marching orders, indeed! Maybe his last name gave him a trauma when he was growing up. :oD
I like the way you summed up the problem. It does seem like that's what the courts of Florida are doing.
“You have yet to show that the state could not ban such things totally and stop the exercise of this purported right. And do not forget that there is a competing right, Terri's right to life, and the state has leeway to decide where the two rights meet. It is not a one sided question as in your hypothetical example.”
I admit that my example was one sided, intentionally so, as I posted would be in reality a very unlikely occurrence.
As far as a competing State right and Terri’s right to life and the State right to protect that right (I would describe it as more a duty rather than a right) I would have to argue that in this case it is no longer a valid question.
Pursuant the Florida Constitution “[e]very natural person has the right to be let alone and free from governmental intrusion into the person’s private life”. Article I, Section 23 of the Florida Constitution. As a result Terri and everyone else has a fundamental right to control his or her person which includes the right to control what or what not will be done to his or her body. As an enumerated constitutionally guaranteed right, this right does not extend to the government nor is subject to legislation. The only method for the State to intrude would be by amending the Constitution which requires the express consent of the people, not simply the passing of a law by the legislative body.
There is a great deal of law available on this subject, both State and Federal. In Re: TW, 551 So. 2d at 1122; North Florida Women’s Health and Counseling Services, Inc. 2003, WL 2546546 at *6 (Fla, July 10, 2003); Cruzan vs. Director, Missouri Department of Public Health, 497 U.S. 261, 279 (1990); Vacco vs. Quill, 521 U.S. 793, 807 (1990); Browning, 568 So. 2d at 10; Quiles vs. City of Boynton Beach, 802 So. 2d 397, 399 (Fla. 4th> DCA 2001).
The Florida Constitutional right used strong terms and language to make the right as strong as possible to prevent governmental intrusion such as the Florida legislature did by passing Terri’s law. The case often referred to is Winfield vs. Division of Pari-Mutual Wagering, 477 So. 2d 544, 548 (Fla. 1985).
In the Schiavo case Terri’s wishes were determined by the Circuit court “by clear and convincing evidence” and after review, affirmed by the appellate court. It also has been determined at trial in the Circuit Court and affirmed by the appellate court numerous times that Terri is in “a persistent vegetative state” (a permanent and irreversible condition of unconsciousness) and further, that the evidence “conclusively established that she has no hope of regaining consciousness”. As a result of the extensive court considerations and subsequent decisions, there can be no compelling State interest to step into this situation and restore the feeding tube where Terri’s wishes have been legally established to be in the contrary. Satz vs. Perlmutter, 379 So. 2d 359 (Fla. 1980) “state’s interest in the preservation of life does not outweigh the privacy right of a competent person suffering from an incurable affliction.”
This is all pretty “heady” stuff and I am personally glad I do not have no make such decisions. However these decisions must be made. Once made, they cannot nor should be, second guessed by either a nonparticipating governor or legislature. By doing so, I believe that Terri’s right and life are diminished to merely political “talking points”.
I still believe that Terri’s law will be found unconstitutional. Believe it or not, I hope that the allegation that Terri was communicating with Morton Plant’s staff is true. Unfortunately, given the response I received and the total lack of any verifiable source, it appears that there is no evidence to support the claims.
It's a little hard to prove it, since Michael won't allow any taping of Terri. He's afraid of something. I was very surprised at Dr. Hammersfahr information. Terri is certainly more aware than the media protrays. I'm sure all the nurses and staff have been threatened with their jobs if they say anything about this case to the media.
Sometimes, there's the impression that locals aren't involved. That impression's incorrect.
We may start vigiling at Terri's current assisted living facility but nothing concrete yet.
He told me that he is unaware of any such betting. I've known him for the since 1988. I've no reason to doubt him at all.
You don't believe anyone here that is connected to the case. But we are suppose to take your word for it, because you claim to know someone personally. You ask for proof, but don't give us any. Foriduh voter is trying to save a life, you want the state to starve and dehydrate Terri for whatever reason. I believe Floriduh voter, not you.
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