Posted on 12/24/2015 6:52:06 PM PST by kathsua
As the state court has permitted Jahi McMathâs mother to present evidence from a doctor who has examined Jahi and believes she does not meet brain death criteria, lawyer Christopher Dolan is making a federal case out of it. From his press release:
After exhausting all available avenues to work with the State Department of Vital Statistics, Alameda County Department of Public Health, County Coronerâs Office and County Counsel, to have Jahi McMathâs incomplete, and invalid death certificate (not even signed by an attesting physician) rescinded, and her basic human rights restoredâ¦
The suit requests that the Federal Court order restoration of Jahi McMathâs fundamental Constitutional rights and declare that she is not brain dead as per the criteria established under California Law.
The lawsuit also seeks to have the Court deem unconstitutional the brain death statute as it provides no mechanism by which evidence can be presented that the original determination of brain death is no longer valid in the face of significant scientific and medical evidence of brain function like that currently demonstrated by Jahi McMath.
That last bit seems a potentially winning argument to me regardless of Jahiâs condition.
I believe in brain death and once thought Jahi was certainly deadâto the great irritation of many who usually agree with my positions.
But I also wrote that my eyebrow would raise if her body didnât deteriorate as usually happens pretty quickly in brain death cases.
Now, two years later, Jahi has not deterioratedânot unprecedented, but rareâand a prominent neurologist who I know and trust has personally examined her, believes she no longer meets brain dead criteria. My eyebrows are past the crown of my head!
I think the proper course here is for there to be a full-bore, transparent reopening of this case.
If Jahi is not dead, she deserves it.
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So does neurological science, because if her brain function has indeed reversed from âdeadâ to âprofoundly disabled,â it is unprecedented and requires intense study.
So does the integrity of the system. No one should be forced to stay dead if facts on the ground change. Moreover, if the facts have not changed, it is important for the public to know.
Let me be clear. I am not saying she is alive. But I am saying there is sufficient doubt to warrant another hard look. And I donât understand why some are so angrily and emotionally invested in her being dead.
He’s despicable.
not sure if people on this thread directly misrepresent to bolster their issue, or they cannot or will not read. it was stated in this thread that Bush did not remove Terry to a hospital to re-insert the feeding tube.
Refer to Associated Press writer Mitch Stacey who filed a report on October 23, 2003 reporting just that.
fact checking beats bloviating every time
I was of the opinion that you were speaking about her murder and not what happened a year and a half before.
fact checking beats bloviating every time
Nonsense, you are on here trying to cover-up the fact that Jeb Bush FAILED to save Terri's life when he had the authority and duty to do so.
Free Republic isn't a place for death pushers or Jeb Bush supporters.
so now you speak for the masses, a known property of dictators and poseurs.
Perhaps this forum is also not a place for those who distort the truth.
Pointing out the Free Republic is not a place for the pro-death crowd and Jeb Bush supporters is hardly "speaking for the masses."
Perhaps this forum is also not a place for those who distort the truth.
Please point out where I've distorted the truth.
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Wagglebee is a steadfast pro-life supporter. We are blessed to have him on this site.
Wagglebee wasn’t speaking for the masses. He was telling you the expressed views of the owner of Free Republic.
This should be required reading for all FReepers.
Statement by the founder of Free Republic
http://www.freerepublic.com/focus/f-news/1103363/posts
Once you’ve read it, you will understand that FR is not the place to promote Jeb Bush, or to defend his mistreatment of Terri Schiavo.
I’m pretty sure Wagglebee is listed as an asset on the FR financial report.
No doubt about it.
why hello, BykrBayb long time no hear. for the record, for all of you guys longing for the demise of those those you love to despise, as if one is not entitled to their particular view, I am officially not a supporter of Jeb Bush.
as to FR, one ought to be able to express their views regardless of the arrogance of those who are convinced that they alone are Mr. and Mrs. Free Republic of Anytown USA.
see you at the next posting.
thank you for your response. my premise is that jeb did what he could to help terry. that he did not save her is unfortunately on him. filthy lawyers, corrupt judges and a murderous husband are on the line before jeb. they tried to and did kill her, he tried to save her.
Nonsense!
Under the Florida Constitution, a person's rights cannot be deprived due to physical disabilities, which is EXACTLY what Terri had.
There is ZERO provision in the US or Florida Constitutions for a judge to order someone to be put to death for disabilities.
There IS a requirement in the Florida Constitution for the governor to enforce the law.
filthy lawyers, corrupt judges and a murderous husband are on the line before jeb.
That's like saying that Judas, Caiaphas and the Sanhedrin are responsible for the Crucifixion, but Pilate should be let off the hook.
Jeb had the authority and responsibility to save Terri, then he washed his hands of it.
Well said.
Jeb Bush? Not a fan. He was a coward and did nothing for Terri when it was down to the wire. C O W A R D. I hope is poor showing is due to his inability to save even one woman; how could he defend a nation when he could not protect an innocent woman?
I get that. Florida and US constitutions and the right to life. what you fail to mention, purposely I sense, is the right of privacy they both maintain as well. the courts ruled that according to her husband she indicated that she did not wish to remain alive due to non life sustaining means, according to their ruling (FL Supreme ct and USSC) is that she waived her constitutional right to life.
I wish that ruling never occurred but it did.
the bloodsucking lawyers and the ACLU did her in.
Privacy DOES NOT give you the right to kill another person.
the courts ruled that according to her husband she indicated that she did not wish to remain alive due to non life sustaining means,
Terri's estranged "husband" would testify (testimony that has been disputed) nearly a DECADE AFTER TERRI'S INJURY that she once mentioned that she wouldn't want to be kept alive with ARTIFICIAL life support and was specifically referring to a ventilator.
The FACT is that Terri had only briefly been on a ventilator after her injury. A feeding tube WAS NOT considered "life support" at the time of Terri's injury, so there is no way to conclude that she would have considered food and water to be "life support."
Now, let's dig a little deeper into what the adulterer "remembered" about Terri's wishes.
He didn't mention it a year after her injury when he said that her surgery was a success:
He certainly didn't mention it in 1992 when he sued the doctors and was awarded $2.1 million (most of which was Terri's money that he would subsequently spend on attorney's fees to murder her).
He didn't mention it in 1993 when he was called into court to explain why he refused to allow Terri to have antibiotics for a urinary tract infection. He would later wonder, "when is the bitch going to die" every time she got any sort of infection and get excited that he was going to be rich.
Now, are these actions consistent with a "loving" spouse? Does a loving spouse always close the door and not allow anyone else in the room when he visits his wife? Does the wife of a loving spouse tremble every time she sees her husband? Does a loving spouse commit adultery? Why did he only begin talking about "life support" and removing the feeding tube AFTER numerous infections failed to kill her?
according to their ruling (FL Supreme ct and USSC) is that she waived her constitutional right to life.
There is NO PROVISION ANYWHERE to wave the unalienable right to life. The truth is that her "husband" found a judge who would unconstitutionally DENY her right to life.
There is ZERO evidence that Terri wanted to die. In fact, all of the evidence indicates a healthy woman fighting as hard as she could to stay alive. Have YOU gone over a decade without any sort of medication to treat infection or illness? Could YOU go nearly two weeks without hydration and nutrition? The simple fact of the matter is that nobody fought harder than Terri did, she fought death for over a decade.
Excellent response, thank you.
I’ve received no further condescending horseclinton from the Jeb! FReak.
Glad I called the POS a POS in #86.
What a POS!
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