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To: agrace
I'm enjoying the conversation as well, so no need to apologize for the questions. You're actually making me thing haha! Anyway, my guess is that the case you quoted was bias on race discrimination. Obviously that's not the case with Terri Schiavo.

Yes, the juvenile death row issue is what I was referring to. The federal government has its own laws and statutes regarding capital punishment. My guess is that the juvenile matter was in question on both levels, therefore the Supreme Court heard the case.

Florida law does not see the removal of an assisted living measure as "murder". In fact, to my knowledge, neither does federal law. With that in mind, this case will change that so essentially the federal government WILL view this as murder.

This is where I am worried because there will be case law supporting a third party's right to change the power of attorney relationship. Also, this could in face set new standards for life support. How many have living wills which dictate that they are not to be kept alive using artificial means? That right could be waived if this passes.
94 posted on 03/23/2005 11:01:44 AM PST by MatrixMetaphore
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To: MatrixMetaphore
Anyway, my guess is that the case you quoted was bias on race discrimination. Obviously that's not the case with Terri Schiavo.

The excerpt from the link I found said that the second, federal trial was held because the justice dept felt that the first verdict was racially biased, I guess meaning that the not guilty verdict violated Rodney King's civil rights. Maybe the racial aspect doesn't apply here, but bias certainly might. As well as other civil rights violations, which seems to be the angle the Schindlers are using in this federal track. Unfortunately, so far, the federal courts aren't in agreement with them, or me. :)

And regarding precedent, I think I'm concerned about the opposite - the federal precedent I am worried about is that this will NOT be viewed as murder because of the federal rulings so far. Seems like a start down a dangerous slippery slope where cases from any state could point to this one and say that deliberate dehydration and starvation is acceptable.

99 posted on 03/23/2005 11:35:09 AM PST by agrace
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