Schiavo lawyers challenge 'Terri's Law'

AP | 10/29/03

[kattracks]

CLEARWATER, Fla. (AP) — A hastily passed state law that empowered Gov. Jeb Bush to keep a severely brain-damaged woman alive is unconstitutional, attorneys for the woman's husband claimed Wednesday.

In a court filing, attorneys for Michael Schiavo challenged what Florida lawmakers dubbed "Terri's Law," which gave Bush the authority to order Terri Schiavo's feeding tube be reinserted Oct. 21. They asked that the law be overturned.

The filing's major contentions are that the law violates Terri Schiavo's right to privacy under the Florida Constitution and the separation of power provisions of the state constitution.

Michael Schiavo has been battling in court for years to carry out what he says is his wife's wish to not be kept alive artificially.

His in-laws, Bob and Mary Schindler, have fought him, saying their daughter had no such wishes and is not in a permanent vegetative state, as a probate judge has declared. They say she is responsive and could improve with therapy.

[goldstategop]

Bottom line: Terri Shiavo has no right to due process of law. Her husband's convenience comes first.

[pollywog]

what is happening with the criminal investigations at this point.....anything??

[Legerdemain]

Good for him, this is not a state battle...he has legal gaurdianship....this is his family choice

[Mamzelle]

Is the ACLU involved?

[george wythe]

Medicare to expand

The Schiavo controversy prompted Sen. Bill Nelson to announce Tuesday that he plans to introduce legislation that will expand Medicare to cover a single doctor's visit during which end-of-life treatments can be discussed.

The bill also would require the U.S. Department of Health and Human Services to develop a $25-million public education campaign "alerting adults of all ages about their health care options should they not be able to communicate." It would be modeled after similar education campaigns about organ donation.

[OpusatFR]

We should name their motions, "Duty to Die Law."

[nothingnew]

You don't know a hell of lot about this case, do you?

BTW...welcome to FR

FMCDH

[stanz]

"His family" now consists of another woman, a child and another one on the way. Terri's family is her parents and siblings who love her and have reason to believe that she is responsive and alert and deserves to live.

[pickyourpoison]

I believe his other baby was born last week, the latest thing is that he also has another child from another relationship and is paying child support for that one.

[george wythe]

You might find this article interesting, since it anticipates some of the legal arguments of the case.

Since Jonathan Turley wrote the article for the LA Times, we can only post excerpts:

The framers of the Constitution understood that the test of any democratic system would be its ability to restrain, not satisfy, the majority. Much of the Constitution is designed to combat the evil of majoritarian terror -- the tyranny of the majority over those who are unpopular or underrepresented. For this reason, the framers rejected a pure democratic model and instead embraced the model of a republic containing the doctrine of separation of powers, including an independent judiciary.

The Schiavo controversy was anticipated by the framers, who warned of the natural inclination of politicians to intervene in individual cases. James Madison, for instance, criticized state politicians for altering "rights which should have been left to judicial controversy."

[stanz]

Really, how come the media didn't publicize the birth of the second child? I heard about the first baby from another relationship, but I didn't know whether it was true or not. This guy really gets around. And we're supposed to believe how much he loves Terri.

[pickyourpoison]

I've wondering the same thing. I'd like to know the age of the other child. I'd like to know if that child was born before or after this happened to Terri.

[OpusatFR]

Nice tagline

BTW, you need to go further than some blanket condemnation about religion in this case. This ruling has the potential to define what is human consciousness, when life is no longer of value, and places the value of utility on a human that could be very bad for the disabled and aged.

I can see a future when Medicare and Social Security are insolvent and running deficits, where monetary values are placed on people and they are judged a burden on society. We can assign ICD codes to them: 003.20 not oriented to three spheres, no communication, 002.98 incontinent, blind, deaf, immobile.

And then, we can convene panels who the fitness of life and then order termination.
BTW, the first example is Alzheimers. The second is a lady who is a bright incredible person.

Argue against religion? Fine. But use some practicality and extrapolate this action.

[stanz]

The more you probe, the more dirt comes out. This guy Schiavo is a mother's worst nightmare.

[OpusatFR]

"And then, we can convene panels who the fitness of life and then order termination."

That's ..who decide the fitness...

Welcome to FR

[spunkets]

" the evil of majoritarian terror"

How does the evil of the majoritarian terror that presents itself in this case measure up to the evil of the perjured medical testimony at the trial? How does the majoritarian terror exerted in this case to protect Terri's rights measure up to the abandonment and isolation the husband placed this woman in. In his role as guardian of his wife's right's he has demonstrated no commitment to them, but only to his own rights and interests.

You know what-you don't leave a dog in solitary for 12+ years while you're trying to get permission to kill him. The fact is that is just what "the loving husband" Mikey boy did to his wife.

[Saundra Duffy]

An evil money-grubbing monster is not supposed to be appointed as a legal guardian for a vulnerable disabled person. Furthermore, it's against the law to starve and withhold water from farm animals. By the way, Michael Schiavo is living with another woman and has impregnated her twice (apparently). He's not her husband anymore in the real sense.

[tomniris]

And hes proud to have 2 women to love, Hey! Ladies, how many of you would be proud to know your man/spouse/significant other loves someone else just as much as you...it grosses me out...PUKE!!

I wonder what Terri's reaction would be to this madness, I wonder if shes consider a divorce? or she'd be proud of her philandering husband. Yes the second child was born last week, I wonder if he was planning to celebrate a death and birth the same week. Interesting time frame.

I also was surprized to hear that he has no plans to marry Jodi Centonze? they'r happy with things the way it is....Interesting indeed.....I guess thats what some people would do for $$$$$$$ sad day in the world.

Did anyone come to the conclusion the reason why Michael Schiavo is proud to have the 2 women in his life ........ONE TO KILL AND THE OTHER TO THRILL.

Did you see how cold hearted he seemed during the interview with LK? As though things were fine. It was awesome that he goofed up on the questions about doing a lie detector test and the one that if CNN could send in a camera....

Think folks...please watch all interviews with MS and the Schindlers who are very loyal, dedicated, and want the best for their precious child just natural for any parent. The number of years they have waged this battle and spent their life savings on getting their daughter the treatment she needs which the money was given for.

The schindlers are going to be interviewed on Montel this week, I hear.

Please call the senators, House of reps, Governor Bush and President Bush and explain/support/encourage them how you feel and how you know the "Terris law" must stay and that all handicap people must be protected and not executed because they are not 100% capable of working and doing everything some other people are capable of.

Lets all pray this Judicial tyranny will soon end and we soon will get to meet Terri Schindler in person whose smile would just warms each and everyones heart that has fought/prayed for her and all other handicap people of America.

Michael works at Morton Plant Mease in Clearwater, so watch out for the nursing care your loved one may receive..in his custody.

ALso folks please don't let your loved ones go to HOSPICE as they will hasten your loved ones death.

Also the person that posted the fact the MS has a child by some other female other than Jodi Centonze, email me and give me any more details that you may have on this scum bag.

Its (he)just keeps getting dirtier and dirtier.

[spunkets]

"this is his family choice"

By law it is Terri's choice. There has been no effort to get her input on this by the court, or the court recognized guardian. In fact the the docs lied about Terri's condiiton to enable the abandonment, isolation and death of this woman.