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Feeding-tube case prompts calls of victory
The Boston Globe ^ | October 23, 2003 | Sarah Schweitzer and Lyle Denniston with Stephen Smith

Posted on 10/23/2003 2:42:50 AM PDT by Cincinatus' Wife

Edited on 04/13/2004 2:10:56 AM PDT by Jim Robinson. [history]

CLEARWATER, Fla. -- It took the governor, the Legislature, right-to-life supporters, and a set of determined parents, but together they have claimed victory in Florida as a feeding tube once again pumps liquids into the body of Terri Schiavo, the severely brain-damaged woman whose husband says her life should be ended to spare her misery.


(Excerpt) Read more at boston.com ...


TOPICS: Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: death; feedingtube; government; life; livingwill; righttolife

1 posted on 10/23/2003 2:42:51 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife; MarMema
"In my opinion, it's pretty much a miracle," said George Tregos, an attorney and supporter of Terri Schiavo's parents. "I used to work in the Legislature and I never thought I'd see anything like this."

Across this country and around the globe, thousands and thousands of people have said NO to the culture of death, with vigils, prayers, and direct lobbying to the Florida legislature. The PEOPLE spoke, flooding the legislators with email and faxes, to the point where they overloaded the servers and shut down the banks of fax equipment.

If judges in this country continue to render pro-death decisions, there will be an uprising the likes of which no one has ever seen!

2 posted on 10/23/2003 3:51:16 AM PDT by NYer ("Close your ears to the whisperings of hell and bravely oppose its onslaughts." ---St Clare Assisi)
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To: NYer
Bush filed a friend-of-the-court brief in early October arguing that it is unconstitutional to end her life without first determining if she could swallow food on her own. The courts rejected that argument.

Unbelievable!

3 posted on 10/23/2003 3:55:22 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
Because it would have been "like relitigating the case" (Greer). Gotta play that card game according to the rules -- can't have common sense intrude.
4 posted on 10/23/2003 4:22:07 AM PDT by HiTech RedNeck
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To: HiTech RedNeck
Right. Couldn't chance using their God given talents, could they?
5 posted on 10/23/2003 4:24:34 AM PDT by Cincinatus' Wife
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To: MarMema; tutstar
Someone said yesterday (florida voter?) that some of the pro-Terri nurses who knew she could talk and swallow were not longer here. Have they died or what?

Is is possible some of the jury members from the malpractice suit be able to talk about that case and how hubby promised rehab and not a word about no tubes?
6 posted on 10/23/2003 4:35:53 AM PDT by mtbopfuyn
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To: HiTech RedNeck
OK,
In my opinion,
the card game needs a whole lotta new rules (and many of the old ones need to be ditched).
7 posted on 10/23/2003 4:38:35 AM PDT by najida (He who is without baggage can cast the first Samsonite.)
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To: Cincinatus' Wife
Why haven't some of the Floridians involved in the case filed a complaint with the Florida bar association against this attorney? He has been allowed to lie and/or manipulate the facts for the last 10 years.

For instance, they have denied any food or water by mouth.
The reason is, they are afraid that Terri would be able to eat and drink on her own and would live. He says it is because Terri might aspirate and that would kill her.

Huh? Wouldn't it be much more humane for her to die instantly while trying to live than to die an agonizing and slow death by starvation?

Why don't people start calling their so-called movement by the right name. It isn't the right to die movement it is the right to murder.

What is to stop the expansion of this particular situation to other groups of citizens that can't eat or drink on their own? Your parents getting a little old, and need help eating and drinking? Hey - No problemo, the right to murder crowd will back you up. Tired of your baby screaming at night, just stop feeding him/her. The right to murder crowd will back you up.


Over the years, I have had compassion for those families faced with a tough decision. However, in most of the cases, the families were united in wanting to terminate life support, and were fighting special interest groups. When removed from life support, the patients died within hours.

8 posted on 10/23/2003 4:57:58 AM PDT by ODDITHER
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To: NYer
If judges in this country continue to render pro-death decisions, there will be an uprising the likes of which no one has ever seen!

What is the basis for your prognostication?

9 posted on 10/23/2003 5:08:17 AM PDT by verity
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To: ODDITHER
Statement on the Hiring of Peter Singer, Ira DeCamp Professor of Bioethics at Princeton University's Center for Human Values. *** In his book Practical Ethics, Dr. Singer states that no infant has as strong a claim to life as a rational, self-conscious human being.1 Dr. Singer's criteria for distinguishing newborn infants from "normal human beings"2 (including more mature infants) thus hinge on subjectively imposed conditions such as "rationality, autonomy, and self-consciousness".3 This lesser claim to life is also applied to those older children or adults whose mental age is and has always been that of an infant.4 His assertion of the appropriateness of killing some humans based on others' decision concerning the "quality" of their lives should strike fear into everyone who cherishes equality and honors human life.

Furthermore, Dr. Singer defines certain disabled persons as individuals who are living "a life not worth living."5 His views permit the killing of certain newborn infants with disabilities up to 28 days after birth.6 Dr. Singer states that "killing a disabled infant is not morally equivalent to killing a person. Very often, it is not wrong at all."7 Dr. Singer's message threatens individuals with disabilities and contributes to the erosion of the public's regard for the fundamental human rights of disabled people.

Finally, Dr. Singer suggests that the regulated killing of babies with spina bifida be permitted.8 He would extend to parents the authority to "replace" a Down's syndrome or hemophiliac infant (i.e. kill the child and conceive another) if adequate family or societal resources were not forthcoming. 9 Even though Dr. Singer concentrates on disabled infants, the ethical arguments and metaphors that he provisionally adopts10 leave open the potential empowerment of parents to kill a non-disabled newborn whose "replacement" would ameliorate their prospects for a happy life.11 ***

10 posted on 10/23/2003 5:09:38 AM PDT by Cincinatus' Wife
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To: ODDITHER
However, in most of the cases, the families were united in wanting to terminate life support

This us what got me. Terminating life support is one thing. But, denying food and water? What civilization has there ever been that would not give nourishment to a dying person?

If a person denied food and/or water to a dying animal they'd be condemned for heaven's sake. WHAT IS WRONG WITH THESE DR. DEATH GHOULS?

Pray for Terri; pray for the moral compass of this nation.

11 posted on 10/23/2003 5:13:37 AM PDT by grania ("Won't get fooled again")
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To: Cincinatus' Wife
The issue really is not whether or not Terri could learn to swallow. The issue is whether or not Terri, herself, wants to live or die, given her present cognitive and physical state, whatever that state is judged to be. That is the crux of the problem and is something that cannot be known absolutely.

Since she didn't make it clearly known, the judiciary has chosen to believe the husband and disregard her parents, which is the usual way these things go, sometimes most unfortunately. Greer has lots of culpability here.

The key to protecting Terri once and for all is to prove that Michael Schiavo is unfit to be her guardian, especially now that there is a new judge involved. All the ranting and railing against MS et al on moral, ethical and especially religious grounds is probably counter-productive in this hostile judicial environment.

And, most importantly, the proof that MS is unfit must line up with the way that Florida judges evaluate fitness. Proof, not outrage--though totally warranted--will make the difference. Apart from that, and even with it, Terri is solely in God's hands.
12 posted on 10/23/2003 5:43:05 AM PDT by Kit (Think deeply, speak gently, love much, laugh often, work hard, pray earnestly, and be kind.)
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To: Cincinatus' Wife; Uno Animo; cpforlife.org; MarMema
it is unconstitutional to end her life without first determining if she could swallow food on her own. The courts rejected that argument.

Just curious ... can Christopher Reeve swallow food with that tube lodged in his gullet? He wouldn't survive more than 5 minutes if his ventilator were disconnected. That's okay ... he can live, but Terri Schiavo who can breathe on her own, must die. Sick!


13 posted on 10/23/2003 5:53:06 AM PDT by NYer ("Close your ears to the whisperings of hell and bravely oppose its onslaughts." ---St Clare Assisi)
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To: verity; Cincinatus' Wife; cpforlife.org
What is the basis for your prognostication?

The following is from Terri's web site. This is just one example of my 'prognastication'. Care to review the other deaths at the hand of attorney, George Felos?

Overview Of Events In Terri's Case (January 2000 – May 2002)

January 24-28, 2000 – Terri’s life is on trial in Circuit Court Judge George W. Greer's Courtroom.

February 11, 2000 – Judge Greer rules to have Terri’s feeding discontinued.

February 20, 2000 – A rehearing motion was filed with Judge Greer by Attorney Campbell along with a petition requesting Judge Greer to allow for Terri to be tested to determine if she is capable of swallowing.

February 21, 2000 – Judge Greer denies motion for rehearing.

February 25, 2000 – Michael Schiavo filed a petition to prohibit Terri's family from visiting Terri, and/or severely restricting their visiting hours.

March 7, 2000 – Judge Greer denies petition to perform a swallowing test to see if Terri has the ability to swallow. Judge Greer also: 

March 24, 2000 – Attorney Joseph Magri filed an appeal notice with the Appellate Court. Judge Greer issued an "execution stay" allowing Terri to be fed for 30 days beyond the exhaustion of all appeal remedies and restricted Michael Schiavo to seek and lift the stay.

April 10, 2000 – Michael Schiavo clandestinely moved Terri from Palm Gardens Nursing Home to the Woodside Hospice Facility. In an emergency hearing, Judge Greer denied a request by Attorney Campbell to return Terri to Palm Gardens Nursing Home.

April 21, 2000 – Judge Greer denied Attorney Joseph Magri's motion to transfer Terri from Woodside Hospice Facility back to a Registered Nursing Home.

May 9, 2000 – A Court hearing was cancelled after Michael Schiavo verbally committed to sign an agreement that Terri will get the necessary medical treatment at Hospice.

June 18, 2000 – After reneging on his previously agreed terms of the agreement, Michael Schiavo later signed an amended agreement stating he will not withdraw or terminate Terri's medical care or treatment for potential fatal infections, without prior notice to the court. He also agreed to treat Terri for a 5-day period should she have an infection.

July 5, 2000 – Attorney Magri filed a formal appeal with the Appellate Court to reverse Greer's February 2000 ruling authorizing Schiavo to remove Terri's nutrition feeding.

August 23, 2000 – Schiavo’s attorney responded with a Brief to Appellate Court pleading that Terri's feeding tube should be removed and Theresa be allowed to die "naturally."

November 8, 2000 – A three-member panel consisting of Judges Jerry Parker, Chris Altenbernd and John Blue presided at the Appellate Court "oral argument hearing."

January 25, 2001 – The Appellate Court ruled to uphold Judge Greer’s verdict in favor of removing Terri's nutritional feeding tube.

February 8, 2001 – Attorney Magri filed a motion for a rehearing or clarification. He also requested the entire Appellate Court staff of Judges review the decision. It was denied.

March 22, 2001 – At a Judge Greer Court hearing, Schiavo’s attorney requested to remove Terri's feeding immediately asking for Judge Greer to reverse his "execution stay" that allowed Terri to be fed for 30 days beyond the exhaustion of all appeal remedies. Attorney Magri obtained an Appellate Court "30-day stay" preventing the immediate removal of Terri's feeding.

March 29, 2001 – Judge Greer reversed his original "execution stay" ordering Terri's feeding to be removed when the Appellate Court "30-day stay" expires on April 20, 2001. Attorney Magri then filed an Appeal with the Florida Supreme Court. He also filed with the Appellate Court for an extension of the "30-day stay," in an attempt to guarantee Terri protection until the appeal with the Florida Supreme Court is completed.

April 1, 2001 – The Appellate Court denied extending the "30-day stay."

April 12, 2001 – Attorneys Anderson and Eckert filed in the Circuit Court to disqualify Judge Greer from Terri's case due to discrepancies Greer permitted in his courtroom.

April 16, 2001 – Judge Greer denies motion.

April 18, 2001 – The Florida Supreme Court refused to hear Terri's case and refused to extend Terri's "stay," beyond 1 p.m. Friday, April 20, 2001. Attys. Anderson and Eckert filed a suit in the Federal Court requesting that court intervene in Terri's case.

April 19, 2001 – The Federal Court conducted a morning hearing where Judge Lazzara claimed the issue was beyond that court's jurisdiction. The Judge extended Terri's "execution stay" to 5 p.m. Monday, April 23, 2001. Attorney Magri filed an appeal with the US Supreme Court

April 23, 2001 – Judge Kennedy of the US Supreme Court refuses to hear Terri’s case.

April 24, 2001 –Terri feeding was terminated.

April 25, 2001 – Michael Schiavo denies Terri's sister and brother from visiting Terri.

April 26, 2001 – Attorneys Anderson and Eckert presented the Cyndi Brasher Shook new findings to Judge Greer that Schiavo had perjured himself at Terri's, January 2000 trial. Judge Greer refused to hear the new evidence because it was presented after one-year time constraints. Terri had not had any nutrition for 48 hours.

April 26, 2001 – Attorneys Anderson and Eckert presented the same new evidence that Schiavo had perjured himself at Terri's 2000 Trial to Civil Court Judge Frank Quesada. In an emergency hearing, Judge Quesada ordered Terri's feeding resumed. Terri had not had any nutrition for 60 hours.

April 30, 2001 – Schiavo's attorney filed an emergency motion with the Appellate Court, appealing Judge Quesada’s order, and to stop Terri's nutritional feeding immediately.

May 7, 2001 – Dr. Hammesfahr (neurology), filed a six page affidavit with the court stating Terri was not in a Persistent Vegetative State, accompanied by a formal letter requesting Schiavo’s permission to allow Terri to begin rehabilitation treatment.

May 7, 2001 – Attorney's Anderson and Eckert filed an "Amended Complaint in the Civil Court." In addition to the initial Fraud and Perjury charges levied against Schiavo, this document contains charges of Breach of Fiduciary Duty and Conspiracy.

May 8, 2001 – Witness Cindy Brashers Shook rendered her deposition.

May 9, 2001 – The Court of Appeals ordered "Oral Arguments" for June 25, 2001.

May 11, 2001 – Judge Quesada denied Schiavo's attorneys motion to negate Judge Quesada's jurisdiction.

June 1, 2001 – Attorneys Anderson and Eckert filed a court motion, which included five additional affidavits from physicians (neurologists) stating Terri was not in a "persistent vegetative state," as portrayed by Schiavo.

June 8, 2001 – Michael Schiavo was issued a deposition subpoena. On two separate occasions the subpoena servers could not locate Schiavo. He and his fiancée had vacated their residence, their whereabouts were unknown.

June 14, 2001 – At the 11th hour, Schiavo’s attorney gave notice Schiavo would not be available for his scheduled deposition.

June 18, 2001 – Schiavo's attorney filed an affidavit from Dr. James Barnhill, reiterating his trial testimony that Terri is in an irreversible vegetative state. The statement goes on to maliciously attack the credibility of the six neurologist’s affidavits.

June 20, 2001 – In a hearing held by Judge Quasada, he declined to designate Terri as a "Key Witness," opting to wait for the Appellate Court appeal decision.

June 21, 2001 – In a hearing, Pinellas Chief Judge elect, Demers ordered the lawsuit, charging Michael Schiavo with "Fraud and Perjury," to remain in the civil court. However, he gave Judge Greer authority on whether Terri should have any new medical evaluation or treatment. Greer will also determine if Terri's sister and brother can visit Terri.

June 25, 2001 – A three-member panel consisting of Judges Jerry Parker, Chris Altenbernd and John Blue presided at the Appellate Court "oral argument hearing."

July 11, 2001 – The Appellate Court issued a ruling allowing a motion be filed in Judge Greer's Probate court to request evidentiary hearings. The Appellate Court denied Schiavo's attorney’s request to order Terri's feeding stopped.

July 20, 2001 – Attorney Larry Crow joined Attorney Anderson as co-counsel. In motions filed by Attorney Pat Anderson, Judge Greer was presented with evidence that that Schiavo had abused Terri both neurological and medically over the past eight years and that Terri's neurological condition was misrepresented at her January 2000 trial.

July 23, 2001 – Schiavo's attorney requested Judge Greer issue an order to immediately discontinue Terri's feeding before reviewing of any of the evidence.

August 7, 2001 – Judge Greer ignored all the evidence presented to him and ordered to have Terri's feeding stopped on August 28, 2001. In his written court order, he admitted he did not read six of the seven doctor's affidavits.

August 9, 2001 – Schiavo’s attorney plea to dismiss the Civil Lawsuit, charging Michael Schiavo with fraud and perjury, was reviewed at a hearing in Judge Schaefer’s civil courtroom. Judge Schaefer determined future hearings would be conducted to determine if the charges supported a jury trial and that Michael Schiavo’s deposition would not be required until after the hearing process.

August 10, 2001 – Attorney Crow filed a motion with Judge Greer requesting an expedited hearing regarding Michael Schiavo's improprieties while acting as Terri's legal guardian. A petition to have Michael Schiavo removed as Terri’s legal guardian accompanied this. Attorney Crow listed numerous Florida Statutes that Michael Schiavo had violated acting as Terri's legal guardian. Attorney Crow also filed a motion requesting a hearing to allow independent medical experts to have access to Terri. Judge Greer denied the motion and the request to conduct a hearing regarding this issue.

August 14, 2001 – Attorney Anderson filed a motion requesting Judge Greer to remove himself from Terri's case revealing that, because of severe eyesight problems, Judge Greer could not see Terri's trial videotape and neurological scans. Judge Greer denied the motion.

August 16, 2001 – Attorney Anderson announced she had filed a "Notice of Appeal" with the Second District Appellate Court.

August 17, 2001 – Judge Greer granted Terri a "stay of execution" until October 9, 2001 to allow Terri "due process of the law" in filing an appeal with the Appellate Court.

August 20, 2001 – Schiavo's attorney filed with the Appellate Court to negate Greer's October 9 'stay' and have Terri's nutrition and hydration feeding terminated immediately.

August 22, 2001 – Attorney Pat Anderson files motion stating that Schiavo’s attorney is attempting to "trick the court" into permitting Terri's death before the Appellate Court has an opportunity to hear evidence.

September 26, 2001 – A three-member panel consisting of Judges Jerry Parker, Chris Altenbernd and John Blue presided at the Appellate Court "oral argument hearing." The core of the appeal is that Judge Greer did not follow the Appellate Court's July 11, 2001 instructions. Judge Greer admitted he ignored the doctors sworn opinions and summarily rejected additional evidence that unmistakably proved Michael Schiavo lied to the court at the original trial. Rather, Judge Greer ordered Terri's feeding to be withdrawn on Oct. 9.

October 1, 2001 – A hearing was conducted in Judge Greer's Courtroom regarding Terri's visitation and videotaping. Judge Greer agreed to allow Terri's sister (Suzanne) and brother (Bobby) to visit Terri based on a negotiated arrangement, which contained rigid restrictions. Also, Judge Greer and Schiavo's attorney gave permission to take memorializing videotape or still photographs of Terri with restrictions, while giving copyright protection to Michael Schiavo.

October 3, 2001 – The Appellate Court issued an "indefinite stay" maintaining Terri's nutritional feeding until they issue any further order regarding her case.

October 17, 2001 – The Appellate Court issued a ruling, which will allow five doctors to examine Terri. The court's decision authorizes the doctors to only conduct diagnostic tests in order to determine if Terri's condition can be treated. At the culmination of this process, an evidentiary hearing will be held in Judge Greer's courtroom to determine Terri's fate.

October 23, 2001 – Michael Schiavo’s attorney requested a rehearing in an attempt to reverse the Appellate Courts, October 17 decision allowing Terri to be examined.

November 1, 2001 – The Court of Appeals denied Schiavo's rehearing motion.

November 16, 2001 – Prior to a Judge Greer scheduled case management hearing to establish procedures and time frames for Terri's neurological evaluation, Schiavo's attorney suggested negotiating the medical segment of Terri's case with a mediator.

December 19, 2001 – In an all day attempt to mediate an agreed upon solution to Terri's evaluation, retired Judge Horace Andrews acted as a mediator.

January 18, 2002 – A hearing was conducted in Judge Greer’s court after all attempts to achieve a mediated agreement with Schiavo’s attorney were unsuccessful. Judge Greer established a time schedule for Terri’s evaluation. Attorney Anderson, convinced Judge Greer that Terri's medical condition was an important prerequisite in arriving at Terri’s true neurological status. Judge Greer finally will allow Terri to have a full medical examination in February 2002.

January 25, 2002 – An evidentiary hearing was scheduled to examine if Michael Schiavo has discharged his statutory duties as Terri's guardian. The hearing was scheduled after Attorney Anderson revealed Schiavo’s guardianship reports were in breach of the Florida Guardianship Laws, some with as many as a dozen violations. Attorney Anderson had subpoenaed Michael Schiavo, along with a number of others to testify at this hearing. Schiavo's attorneys requested that Judge Greer cancel the hearing on the promise that Michael Schiavo would submit a new guardianship plan. Judge Greer postponed the hearing.

February 7, 2002 – Schiavo's attorney filed an appeal with the Florida Supreme Court to overturn the Appellate Court's October 17, 2001 ruling, which ordered five doctors to conduct diagnostic tests to determine if Terri's condition can be treated.

February 14, 2002 – The Florida Supreme Court issued a "hold" until they could review Terri's case. Their action could delay the medical scheduling arrangements that Judge Greer established for Terri's doctor examinations.

March 14, 2002 – The Florida Supreme Court denied Michael Schiavo’s appeal.

April 5, 2002 – At a hearing conducted by Judge Schaefer, Schiavo’s attorney requested dismissal of two charges filed against Michael Schiavo in the May 7, 2001 civil lawsuit. Judge Schaefer directed Attorney Anderson to re file her brief in greater detail before any decision can be made to dismiss the charges.

April 24, 2002 – Judge Greer conducted a hearing in his chambers and authorized Schiavo’s attorney to continue using Terri's medical fund money to underwrite the doctor fees ($450/hour) in Terri's upcoming neurological evaluation. Judge Greer indicated he would select the fifth doctor to examine Terri.

14 posted on 10/23/2003 6:13:19 AM PDT by NYer ("Close your ears to the whisperings of hell and bravely oppose its onslaughts." ---St Clare Assisi)
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To: NYer
Will these same people start vigils and protests, mail blasting governors over abortion?

One can hope.
15 posted on 10/23/2003 6:16:51 AM PDT by Pan_Yans Wife (You may forget the one with whom you have laughed, but never the one with whom you have wept.)
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To: mtbopfuyn
I believe I read that 2 of the nurses have passed on.

There are plenty of articles which point out that Michael said he would use the money for her rehab, they got the judge to approve using the money for legal fees. The GAL from 2000 issued a 10 page report which Greer dismissed at Felos' request. The GAl did not believe Michael and his family members statements regarding Terri because they only started with the 'she wouldn't want to live like this' til after he won the lawsuit.
16 posted on 10/23/2003 8:13:23 AM PDT by tutstar
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To: Cincinatus' Wife
DAMMIT! Why is she back in that hospiceDEATH HOUSE????? Where is the new G.A.L. What about Jeb being her guardian? Why has this gone back to the status quo ante?

All we want is to give therapy a chance. Why is that so difficult for people to grasp? I want to see some people sitting in the can next to Kevorkian. He must be smiling now, eh?

I know some don't like references to nazis, but Kevorkian, Schiavo, Felons, Greeder, and Singer are the ideological descendents of the nazis. Hopefully they have allowed their true agenda, genetic cleansing, to come out before there was enough support to really implement it. But the game is not over yet.

Furthermore, I am now opposed to abortion, even in the case of rape or incest. It is not the childs fault. Mankind cannot handle the promethean power of these life/death decisions.
17 posted on 10/23/2003 8:25:35 AM PDT by johnb838 (sarcasm tags are for wimps)
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To: NYer
You have not answered my question. What makes you think there would be an unprecedented uprising?
18 posted on 10/23/2003 8:35:53 AM PDT by verity
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