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To: general_re

"The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

Guess what? That's a due process review."

You are saying that a Florida court has some right to determine the meaning of US laws and the US constitution?

I think the US constitution itself gives the power to determine what the US constitution means directly to the US Supreme Court. Not some state court.

Also, how can Terri have received due process when she was never in court and she had no voice (attorney) speaking for her?

In essence, she was not allowed to face her accusers in court. She got the death penalty for not being able to speak for herself.


2,543 posted on 03/31/2005 7:59:19 PM PST by mjaneangels@aolcom
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To: mjaneangels@aolcom
You are saying that a Florida court has some right to determine the meaning of US laws and the US constitution?

The United States District Court for the Middle District of Florida is a federal court, which is empowered to do exactly that.

Also, how can Terri have received due process when she was never in court and she had no voice (attorney) speaking for her?

She had guardians ad litem appointed at various points throughout, and as her legal guardian, the whole point to this was that Michael Schiavo was empowered to speak for her. The Schindlers disagreed with his decisions, obviously, but this is the presumption that the law makes - that your next of kin is empowered to speak on your behalf. Don't see much we can or should do to change that, unfortunately.

In essence, she was not allowed to face her accusers in court.

This is probate, not criminal - there are no "accusers" in the sense you're thinking.

2,554 posted on 03/31/2005 8:03:59 PM PST by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
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