"And if I were a judge, I think I would've been a little more careful about flipping off Tom DeLay."
Um...that's a frightening statement. If the judiciary were frightened of senators, we'd only have TWO branches of government.
What boggles me is Michael Schiavo. Why doesn't he hand over custody to Terri's parents? They want her, and are willing to pay for all expenses. If he did that he would no longer have any burdens, and could continue on with his life of adultery with his other "wife". Or, he could simply divorce her; however, Michael won’t do it. Why? The only reason I can think of is that Michael just plain wants to kill her at all costs. Why would he want her dead at all costs? It could be the thousands of dollars from lawsuits and insurance (supposed to be used to help treat her) waiting to be his once she dies.
Laws have been broken in this case already. According to the Florida State law:
Statute 765.309: Mercy killing or euthanasia not authorized; suicide distinguished.--
(1) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.
In addition,
A subpoena was issued by Congress to Terri Schiavo, which prevents her from being harmed until she testifies, and both Judge Greer and the recent Judge to review the case ignored the subpoena.
How can the judges continue to get away with nullifying the law? Because we let them!
Condemned murderers get treated better than Terri. What has Terri done wrong?
Governor Bush and/or President Bush need to step in and use the power given to them by the constitution. We are a three-branch government, with each branch having equal power. Why then is Governor Bush asking the courts for permission? He needs to step in and do his duty to protect the rights of the people.
We need a miracle! Everyone needs to pray for one. Is it a coincidence that this event is happening during Holy week? Let's pray that a miracle happens and Terri says something through the grace of God like "Water", or "Help". Think of how many people would be brought back to God because of it.
Since neither Congress nor the President serves as an effective check on the judiciary, we really only have one branch of government. Two might be an improvement.
The Schiavo Law passed by Congress says:
SEC. 2. PROCEDURE.
...In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act...
The US Middle District of Florida (Tampa Division) Court of Federal District Court of Judge James S. Moody Jr, on March 18th, found that the Schiavo Law was unconstitutional... without saying it.. by quoting the Rooker-Feldman Doctrine. The US Appeals Court agreed and so did the US Supreme Court.
I realize that all these Conservative Republican judges did a shameful thing by not ignoring the Constitution just so Tom Delay and the Brothers Bush could get what they want politically, but.. they probably decided it was a good idea to stick with the Constitution.
Fact is, Tom and George don't give a damn about this poor woman. They only want to look like they care and show to their base how they can overcome whatever laws there are to deliver what that base wants. It's disgraceful, proving that the Republican Leadership is dangerous.
The amusing political point to all this is that 70% of Americans and just about the same percentage of "White Evangelists" agree that the Feds shouldn't be involved. In other words, Delay and Bush overstepped themselves trying to do their little dog and pony show for thier base when their base didn't even agree with them.
Lost in all this is what does Theresa Marie Shindler Schiavo want. Not her parents. Not her husband. What does Teri want?
I don't know what she wants because I wasn't there. But I can tell you if I were in her place I'd beg them to pull the plug, as it were. God didn't intend this kind of suffering to be prolonged using modern techniques. Fuck what the Pope says. In any event, the courst in Florida all agreed that Teri wanted to end it, and I'll go with that.. not becuase I'm certain they were right but becuase, from what her parents have said about not letting her go no matter what she wanted, I don't think the parental interpretation of their religion should be forced upon Teri. She's no little girl anymore. She had her own mind and she said, No.
This series of events also proves why it is so important to get good judges who don't have an agenda as Federal Judges, instead of the just plain awful hacks Bush has been appointing (often). If the Press had the balls to expose all these hacks, Bush would back down.
Robert
I agree with Robert that the courts acted properly in this case, especially the federal courts in obeying the congresses granting of jurisdiction.
Congress could have passed a general law that would prohibit such things. They chose not to. They simply said check this case and make sure it is kosher. The courts did that, and said that yep, no constitutional rights were violated.
It is surprising to see this site advocating for a activist judiciary that doesn't follow the clear meaning of the law but merely comes up with a conclusion that the author favors.
Am I advocating for judicial activism? I don't think so. I suppose we may have a difference of opinion as to whether the courts obliged either the letter or the spirit of the law that was passed. I don't think they did. But I believe Congress was well within its rights to pass the law.
I don't know if you noticed, but this week a judicial coup took place in America. This week our courts made it clear that THEY are sovereign. That they are NOT a co-equal branch of government along with the Legislative and Executive; but rather that their power exceeds and is above that of both the legislative and executive branches COMBINED. They have thumbed their collective noses at the express intent of both Congress and the President in how they have chosen to "apply" a law written and signed to protect a defenseless American citizen who has been left to die by starvation and dehydration.
Kinda hard not to notice!
Hi Karl,I coldn't fine Bennet's statement from your link, but yes, you're right I dislike Bennet and Delay very intensely, both,IMO, being unabashed hyocrites. Both having ethics problems of their own, deliver tirades to any and all who are having moral or ethicial delemmas. Bennet ignoring his gambling addiction (oh, he can afford it);Delay his probems with the House ethical committee (tho, I think he's solved that,hasn't he?)
I believe, with most of the country, that Congress should not have been involved in the tragic Schviao event, but since they did, and if I understand it correctly, wanted a federal judge to re study the whole case, why the Federal Judge did not.
It is known that many hundreds, if not thousands of ill people are in a PVS. Congress is cutting Medicaid, and as a result,many will die. Countless children will go hungry and many will die from illness, because their parents have no insurance and no national voice. I guess I can't blame Terri's parents for taking this issue to court, but it's been far over done. I wish Michael Schiavo had given custody to the parents. He didn't, and surely, it's too late to save her now.
It was too late to save her 15 years ago - a pure medical fact that no respectable court could overturn. Only other question - was he honoring her wish?
Michael could have walked away. Ask yourself why you think he didn't just walk away. It was either to honor Terri or to stick it up her parents. What do you think? Really.
Anyone upset by this really wants a law that says that all PVSs should be treated as potential recoveries in case some are. This is the same as being against the death penalty because some innocents are executed. (I'd add that murder trials are less precise than medical diagnoses)
Then there are those who really want a law that says that all PVSs should be treated as any other human lives. To them, all I can say is God goveth and God taketh. Free their souls (if they aren't already fled, that is)
Law? Balkin's observations were spot on.
Politics? Nice timing by DeLay what with all that ethics baloney the Democrats go on about. Nice work from the political organisation which finded the Schindlers' endless court cases, raised their hopes and prolonged their anguish. Ghouls, the lot of them.
I'd say the odds of vigilante killings of those involved in terminating PVSs have just gone up a few notches too. How does that square with a 'culture of life'?
When wars, executions, torture deaths, medicaid cuts and pollution are so OK with the so-called religious so-called right (whatever happened to federalism?) I get the impression that their 'culture of life' only applies to pre-brain and post-brain life.
Good to see the polls. Maybe some more God-fearing folks will now twig that these 'born again' Republicans have been playing them for patsies.
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