Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: PhiKapMom; jwalsh07
Thanks for the flag. This article gets it exactly right, the first that I have read to do so. Teh only problem, noted in the article, but deemphasized, is that while maybe there should be a symmetrical substantive due process right to not have a feeding tube removed to attend the Cruzan decision right to have it removed, the fact is that SCOTUS has not yet created such a right. I also think there is potentially a state action issue. The state is merely enforcing what presumptively the private actor wished to do, not going against it ala Cruzan. But arguably that could be finessed by claiming the court in fact went against the actor's wishes, and by doing so that was ipso facto state action.

All of these legal doctrines tend to be moving targets that courts use at the leisure as tools to paper over pre-desired results desired for ulterior reasons all too often.

100 posted on 03/28/2005 1:50:20 PM PST by Torie
[ Post Reply | Private Reply | To 82 | View Replies ]


To: Torie

Thanks for your comments! I wanted to see what all of you had to say because this seemed to be so well written.


113 posted on 03/28/2005 2:10:30 PM PST by PhiKapMom (AOII Mom -- Increase Republicans in Congress in 2006!)
[ Post Reply | Private Reply | To 100 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson