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Husband in Right to Die Case Moves to Block Parents in New Trial
Tampa Bay Online ^ | Nov 3, 2003 | A P

Posted on 11/03/2003 6:08:39 PM PST by sweetliberty

CLEARWATER, Fla. (AP) - Attorneys for the husband seeking to carry out what he says is his wife's end-of-life wishes said in court papers Monday her parents shouldn't be allowed to enter the constitutional fight over the new law which is prolonging her life. Attorneys for Michael Schiavo, whose wife Terri is at the center of the massive legal battle over whether she lives or dies, responded to legal filings seeking a judge's permission to allow Bob and Mary Schindler to become parties in the challenge of the new law.

The law allowed Gov. Jeb Bush last month to order Terri Schiavo's feeding tube - which has kept her alive for more than a decade - be reinserted six days after her husband ordered it removed.

Michael Schiavo's attorneys said that while the Schindlers arguably had a stake in the legal battle on whether their daughter's wishes should be carried out, the legal challenge of what's been dubbed "Terri's Law" is between her husband and the governor's attorneys.

"The rights at stake in this litigation are uniquely those of Mrs. Schiavo and it is those rights that are directly affected by the challenged legislation and Governor's actions," said the legal response filed in Florida circuit Court. "The Schindlers' interest in continuing to pursue their belief that the prior litigation was wrongly decided simply does not meet the requisite legal standard for intervention."

Doctors and a judge have ruled that Terri Schiavo is in a persistent vegetative state with no hope for recovery. She suffered severe brain damage in 1990 when her heart stopped beating - cutting off oxygen to her brain - because of a chemical imbalance.

The conservative law firm founded by religious broadcaster Pat Robertson asked last week to be allowed to intervene in the case on behalf of Schindlers. Circuit Court Judge W. Douglas Baird would have to grant permission for the Schindlers to enter the lawsuit.

The couple have said their daughter had no end-of-life wishes and believe she could be rehabilitated. They also dispute that she is in a vegetative state and believe she has enough mental abilities to respond to them.

The American Center for Law & Justice said in its filing that it believes lawmakers and the governor were within their authority to intervene in the case. Her parents are seeking to be appointed their daughter's guardians and to exclude them from the case would "violate their constitutional rights to be heart," the law firm said in its filing.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Florida
KEYWORDS: constitution; georgefelos; guardianfromhell; michaelschiavo; righttolife; terri; terrischiavo
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"Chocolate Rose" asked me to post this article.

Just when you think this HINO SOB can't get any more evil...

1 posted on 11/03/2003 6:08:39 PM PST by sweetliberty
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To: sweetliberty
When dealing with mankind, there is no bottom. So you can only guess how low that filthy POS can go.
2 posted on 11/03/2003 6:13:06 PM PST by Dr.Zoidberg (I've been making fine jewelry for years, apparently.)
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To: Chocolate Rose; Budge; Pegita; cyn; Ladysmith; Calpernia; Babalu; floriduh voter; dandelion; ...
Terri's Army ping!

If you want on or off of this ping list, please let me know.

3 posted on 11/03/2003 6:15:03 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: sweetliberty
The use of the word TRIAL is very interesting, isn't it.

Terri is on TRIAL for the crime of being inconvenient.
4 posted on 11/03/2003 6:16:10 PM PST by ChemistCat (Hang in there, Terri. Absorb. Take in. Live. Heal.)
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To: sweetliberty
Doctors and a judge have ruled that Terri Schiavo is in a persistent vegetative state with no hope for recovery. She suffered severe brain damage in 1990 when her heart stopped beating - cutting off oxygen to her brain - because of a chemical imbalance.

Not ALL doctors, and only ONE judge...

And the cause of her brain damage is DEFINITELY not what they say it is.
5 posted on 11/03/2003 6:17:07 PM PST by ChemistCat (Hang in there, Terri. Absorb. Take in. Live. Heal.)
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To: sweetliberty
Why doesn't this evil man just go quietly into the night? It becomes more and more obvious this isn't about Terri, it is about the money.
6 posted on 11/03/2003 6:17:44 PM PST by ladyinred (Talk about a revolution, look at California!!! We dumped Davis!!!)
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To: sweetliberty
...when her heart stopped beating - cutting off oxygen to her brain - because of a chemical imbalance.

Yeah...right....It couldn't have been "someone" trying to choke the life out her, could it?

FMCDH

7 posted on 11/03/2003 6:18:33 PM PST by nothingnew (The pendulum is swinging and the Rats are in the pit!)
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To: sweetliberty
This loving husband sho' does want his wife dead...pronto!

According to him, it's for her own "good." I thought wanting to snuff your wife "for her own good" was not a valid excuse.

Even the Green River Killer is only getting life in prison and he killed 48 women!

Is Terri Schiavo worse than him?

8 posted on 11/03/2003 6:19:13 PM PST by NoControllingLegalAuthority
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To: NoControllingLegalAuthority
"Is Terri Schiavo worse than him?"

Apparently.

9 posted on 11/03/2003 6:23:15 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: sweetliberty
Will Pat Anderson have help in the courtroom this time around?
I sure hope so!
10 posted on 11/03/2003 6:23:25 PM PST by mickie
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To: sweetliberty
I had no idea how corrupt FL was until the Terri starvation/dehydration order came twice from a "Republican" and "Baptist" judge. I thought that the 2000 vote dispute was just an unlikely outcome of a close election. It seems now that there is more skullduggery in FL than in most other places. Does this state still have the highest rate of violent crime? It is clearly a state where a civil judge alone can give one a death sentence and nothing can be done because the "trial judge" never errs! I don't think the people of FL have a clue! We already know that certain ones on the Atlantic coast can't use a simple butterfly ballot successfully.
11 posted on 11/03/2003 6:24:24 PM PST by Theodore R.
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To: sweetliberty
Can this guy be any more transparent in his quest to kill his wife?
12 posted on 11/03/2003 6:25:09 PM PST by Diva Betsy Ross ((were it not for the brave, there would be no land of the free -))
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To: NoControllingLegalAuthority
Seems to me that we need an email address for this judge...the Shiavos are one absolutely cruel group of monsters.

And THEY do not want Terri's SIDE of this story out there in the national media should the Schindlers be allowed to participate in this ruling.

How much lower can Micahael Schiavo go?

For heaven's sake...they DO NOT BELIEVE Michael Schiavo saying their dtr wants to DIE and from even a cursory look at the the evidence in prior trials, they have good reason for this fear.

Michael wants these people to suffer...and they are.

I hope the work that MS and his attn are doing to crush the Schindler's becomes the talk of this nation.

13 posted on 11/03/2003 6:28:05 PM PST by Republic
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To: sweetliberty
The legal challenge is between the husband and the state. The issue is the consitutionality of Terri's Law.

Just because someone is interested in the outcome of a case, doesn't entitle them to intervene in it. The courts simply cannot allow everyone who cares to intervene.

The Florida Attorney General is perfectly competent to represent the state in its effort to protect Terri. The Schindlers, and Pat Robertson for that matter, are not parties to these narrowly-defined legal issues, and the court will almost certainly decline their demand to get involved.

14 posted on 11/03/2003 6:28:45 PM PST by Dog Gone
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To: mickie
The ACLJ and the Family Research council have joined the fight for Terri. Catch is, if I understand correctly, the judge has to grant permission for them to represent her. Convenient isn't it? That probably also has something to do with why this particular action has been filed. Felos and Schiavo want to eliminate the big legal guns. I don't think Felos believes in fighting on equal footing...or maybe it's that he knows that these other people get THEIR power from Christ and not from standing on their heads and chanting boogy woogie and imagining airplanes falling out of the sky. That could be a bit of a problem. There is no doubt that this is a spiritual battle.
15 posted on 11/03/2003 6:30:47 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: ladyinred
Actually, I'm not even sure it's about the money anymore.

A very perceptive Freeper (I wish I could remember who) said that Michael Schiavo had originally started this simply for the money, but that Felos (his attorney, former Chairman of the Board of the hospice, and now a big pro-death looney) had somehow dragged him into the position of being his (Felos') main support. In other words, MS, despicable though he is, is essentially a hand-puppet for Felos.

The money is now mostly gone, spent on Felos and not on therapy. There may be an insurance policy, which MS refuses to confirm or deny.

But in any case, I think that what has happened to the odious MS is that he has gotten caught up by an even more odious person (Felos), and he's now gotten himself into a position where he can't bail.

Serves him right. But I hope that he will not be allowed to drag his wife down with him.
16 posted on 11/03/2003 6:35:41 PM PST by livius
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To: sweetliberty
that has alway been the case. Ever wonder why so many organizations get to comment on Suprem court cases at the sate and federal level? They were GRANTED permission.

It is a bit unusual at the trial court level. Judge will allow it for a NARROW purpose and if is likely to be part of the appeal record.

They can also get as a co-counsel for a party, judge can't stop that. (probably what the ACLU is doing)
17 posted on 11/03/2003 6:36:23 PM PST by longtermmemmory (Vote!)
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To: ChemistCat
That's a great poster line!


18 posted on 11/03/2003 6:38:00 PM PST by I still care
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To: Dog Gone
The legal challenge is between the husband and the state.

Should not Terri also be a party, represented by a guardian ad litem who supports this law (as Wolfson, per public comments, does not)?

19 posted on 11/03/2003 6:41:18 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: Dog Gone
Does this exclude the Fla AG from calling the Schindler family as witnesses?
20 posted on 11/03/2003 6:42:22 PM PST by Damagro
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To: supercat
yes, he has a duty to act.
21 posted on 11/03/2003 6:42:30 PM PST by longtermmemmory (Vote!)
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To: Damagro
no
22 posted on 11/03/2003 6:44:31 PM PST by longtermmemmory (Vote!)
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To: livius
"Actually, I don't think its about the money any more."

I definitely don't think its about the money, and hasn't been for some time. If you recall, Terri started to begin to talk when she first had some rehab. MS then cut off all her rehab! I think he just wants to make sure she does not get to talk.....ever! WHY?
23 posted on 11/03/2003 6:45:06 PM PST by seekthetruth
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To: Dog Gone
The legal challenge is between the husband and the state.

A husband --- especially an adulterous one, should not have the authority to create a living will for his spouse (and vice versa). Terri had no living will ---- there are no grounds to starve her to death.

24 posted on 11/03/2003 6:46:22 PM PST by FITZ
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To: Theodore R.
One thing you have to realize is that this "hospice" was a very important, socially prominent charity for anybody who was anybody in that part of Florida. Granted, these folks may be nobody outside of Pinellas Park, but among folks who consider themselves modern, progressive, "non-Cracker" Floridians, Felos' "hospice" was the place to see and be seen.

Gimme a good ol' Cracker any day.

I live in North Florida, but unfortunately in the only non-Cracker county in this part of the state - Alachua County, the home of the University of Florida. So I have to tolerate the ravings of the Gainesville Sun, a NYTimes paper, urging that Terri Schiavo be exterminated right now, on the double. Le toute Pinellas Park would agree.
25 posted on 11/03/2003 6:46:52 PM PST by livius
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To: sweetliberty
Terri's lost her Cerebral Cortex and the cavity filled with spinal fluid.

The cerebral cortex can not be replaced or replenished; it can not
grow back; it can not be transplanted.

Without a cerebral cortex, an individual ceases to be an individual.

There is a total loss of coherency; the individual is rendered to a 
vegetated state. There is no chance for any recovery from that state.

Terri is truly in a vegetated state and has been for 13 years.

Terri had been placed on a feeding apparatus due to her inability
to swallow voluntarily. She can not live without that feeding device;
that feeding device in the State of Florida is considered a life support
system, since the individual can not survive without it's usage.

Since Terri can not and never will regain any consciousness to
allow her to ever converse, or have any voluntary movement,
she is considered in a vegetative state.

Terri has been in this vegetative state for 13 years. Removing 
her from a life support system is a decision a guardian must decide.

No-one remains on a mechanical life support system indefinitely;
if there is no chance for recovery, no chance for any coherency,
and no chance to ever have the ability to engage a voluntary
movement, then forcing a soul to be contained in a lifeless
shell of a body is more inhuman; more sacrilegious, that to
allow it to pass.

Terri's dead; let her soul rest in peace.

 

26 posted on 11/03/2003 6:50:20 PM PST by Deep_6
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Comment #27 Removed by Moderator

To: Damagro
Does this exclude the Fla AG from calling the Schindler family as witnesses?

No, but I don't know if any witnesses will be called by either side. This will be a trial and arguments primarily, if not exclusively, about the law. I don't think there will be any need to establish facts from witness testimony.

28 posted on 11/03/2003 6:50:43 PM PST by Dog Gone
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To: Dog Gone
It is the constitutionality of Terri's Law that the ACLJ is seeking to argue I believe. But I guess the judicial tyrants in Florida really couldn't care less about right and wrong, nor the Constituonal right to life that is supposed to be inalienable and should truump any other consideration. They are choosing to completely overlook the balance of powers to demand the separation of powers. They have forgotten, or are ignoring, that any power they have is derived from the people, but when the people exercise that power, they throw a hissy fit like we should just butt out and let them dictate how things are going to be. They don't give a d**n about the people....they only care about seizing any remaining power the people may have.
29 posted on 11/03/2003 6:51:33 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: longtermmemmory
"(probably what the ACLU is doing)

Yeah, and I'd be willing to bet that not a peep is heard to challenge those communist busybodies injecting themselves into the situation.

30 posted on 11/03/2003 6:53:42 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: supercat
Should not Terri also be a party, represented by a guardian ad litem who supports this law (as Wolfson, per public comments, does not)?

Possibly, and the judge might be more open to that. But it's still not necessary.

Essentially, the state is on trial here, accused of passing an unconstitutional law. The Attorney General is the best and most proper party to defend the state.

This trial won't be about Terri. It will be about the new law.

31 posted on 11/03/2003 6:54:27 PM PST by Dog Gone
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To: Dog Gone
How is it Constitutional to let someone make the decision that another person be starved to death? There is no written or other evidence that Terri desired this kind of end --- no living will, no written statements. Just a supposed memory this Michael claims to have that she made some kind of remark to that effect.
32 posted on 11/03/2003 6:59:24 PM PST by FITZ
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To: Dog Gone
I tend to think that it will be tough for the ACLJ to get a foot in the door, but I, too, am not worried about that.

At this point, Jeb Bush will undoubtedly be assembling the best team possible to defend the constitutionality of "Terri's Bill". There is too much at stake not to.
33 posted on 11/03/2003 7:01:19 PM PST by TaxRelief (Welcome to the only website dedicated to the preservation of a Freerepublic.)
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To: Deep_6
Thank you Doctor Death. Or is it doctor God? Or is it Michael? Either stop believing everything you hear on CNN and learn some of the facts of the case or at least show a little respect for those who have.
34 posted on 11/03/2003 7:04:49 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: Dog Gone
This trial won't be about Terri. It will be about the new law.

Well I sure am no attorney, not even close, But in my simple brain I say this bill IS ABOUT TERRI. It is in fact "TERRI'S LAW"......

35 posted on 11/03/2003 7:05:06 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: livius
Oh, no. There is lots and lots of money. Remember, Florida is a community property state. That means half of everything Michael owns is Terri's. (And he owns a lot, even if he has moved some of it into his girlfriend's name and into "other less traceable investments.")
36 posted on 11/03/2003 7:05:59 PM PST by TaxRelief (Welcome to the only website dedicated to the preservation of a Freerepublic.)
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To: sweetliberty
It maybe the perfect time for a right to life case. Bumpin...
37 posted on 11/03/2003 7:11:24 PM PST by Libloather (I smell a RAT. Could be the pantsuit...)
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To: sweetliberty
http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm

Please spread it.
38 posted on 11/03/2003 7:12:15 PM PST by pc93 (A good site to visit is http://www.terrisfight.org . Oct. 15th 2pm death order must be stopped)
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To: FITZ
I understand that, FITZ, but the law in this regard is pretty well settled in most states, including Florida. A great deal of deference is granted to the spouse of someone who is incapable expressing their own desires in this regard based, I guess, on the presumption that the spouse is in the best position to know.

Michael's actions call that into question, but it really doesn't defeat that presumption as a general rule.

39 posted on 11/03/2003 7:12:48 PM PST by Dog Gone
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To: sweetliberty
How can a man be the husband of one woman who instead of being dedicated to comfort he is dedicated to kill...

He is currently living with a woman who is pregnant with his child and who has another child of whom he is also the father...

Now common law would indicate that he is married to the woman with whom he is currently living and has two children with..and not Terry Schiavo ..

He has no interest other than killing her ...and collecting the balanace of monies awarded to Terri specifically for her medical treatment....treatment he has gone to court to deny her...

Mike is afraid that by keeping Terri alive the money will be used up in her care....even though that is precisely what the money is for...and why the courts awarded HER the money..

Mike feels he should have the money to spend on himself and his new common law wife..

Since a man cannot legally be married to two women at the same time..

It seems prudent of a judge to divorce him from Terri and award her parents guardianship..
40 posted on 11/03/2003 7:18:21 PM PST by joesnuffy (Moderate Islam Is For Dilettantes)
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To: pollywog
Well I sure am no attorney, not even close, But in my simple brain I say this bill IS ABOUT TERRI. It is in fact "TERRI'S LAW"......

Yes, but the trial will be about the bill, and whether it was constitutionally enacted into law. It could have been named DAVE'S LAW and it wouldn't make any difference. It might not even make a difference if my hypothetical Dave had already died. The question is whether any law of this type is valid.

41 posted on 11/03/2003 7:19:29 PM PST by Dog Gone
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To: livius
But in any case, I think that what has happened to the odious MS is that he has gotten caught up by an even more odious person (Felos), and he's now gotten himself into a position where he can't bail.

Doesn't this just BEG the questions....

What was the DATE that Michael and Felos connected up...and who initiated it....and did Michael remember that he wanted Terri dead, er, I mean that Terri wanted to die if incapacitated somehow, in relation to his assc with Felos?

Course it could never be proved that Felos talked Michael into making up this story...but hey....any man who goes for rehabilitation money and gets it after proving he is trying to rehabilitate her, THEN denys therapy AFTER winning the money for being such a good boy, and THEN remembers, YEARS later, that by gosh Terri did not WANT any rehabilitation or even to LIVE if she were to be incapacitated...is, well, FULL OF THE STENCH of trampling on Terri's RIGHT TO LIVE! And to LIVE COMFORTABLY as POSSIBLE!!!

42 posted on 11/03/2003 7:22:38 PM PST by Republic
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To: Dog Gone
Your page on FR is, well, dog gone hysterical! Woof! Woof!
43 posted on 11/03/2003 7:25:05 PM PST by Republic
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To: Libloather
"It maybe the perfect time for a right to life case"

Oh, but it's a "right to die" case, don't you know? Never mind that the victim isn't dying. Never mind that the victim has been struggling against every attempt on her life. Never mind that she has been permitted no therapy or environmental stimulation for the past 10 years. Never mind that she had no directives regarding starving her to death should she become disabled. Never mind that she committed no crime deserving of death. Never mind that we can't kill convicted killers or even animals in such a barbaric way. Never mind that the HINO has enough conflicts of interest to sink a battleship.

Right to die my @##! Just another step in the Nazification of Amerika!

44 posted on 11/03/2003 7:25:40 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: Dog Gone
Then it's time for new laws. Michael might claim to know Terri's wishes --- but there are several witnesses that claim Terri wanted a divorce from this man because of his abuse ---- if her wishes mean anything, then he should not be a guardian. That -- and the fact that he broke his marriage vows quite some time ago. The marriage was essentially over before her "accident", it's only a technicality, adultery is grounds for a divorce almost everywhere.
45 posted on 11/03/2003 7:29:54 PM PST by FITZ
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To: Dog Gone
They have as much of a right as the alcu does.
46 posted on 11/03/2003 7:31:44 PM PST by sport
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To: livius
Not, Not, Not! If MS divorces his wife, there is still the financial incentive that she is entitiled to half his estate. That being, his expenditure of monies used to build, or buy a $ 200,000- $ 300, ooo dollar home to house his most recentm "chippie," (and bastard babies) a BMW, and who knows what else.
47 posted on 11/03/2003 7:32:03 PM PST by texaslil
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To: Republic
The relationship between Felos and M. Schiavo appears to be very complicated and quite long-standing. Wasn't MS at one point a Felos employee? (Correct me if I'm wrong.)

I think MS was just a get-rich-quick creep. He may or may not have attempted to kill his wife, but was in any case a player, since his first child was born to another woman while he was still part of the malpractice suit, declaring that he loved his wife and just wanted the money to "help" her. His motivation was probably money rather than ideology.

But Felos does have an ideological agenda, and I suspect that the revolting MS, who probably thought that he would either get the money and run, or not get the money and just be allowed to go on sowing his children throughout the female population of Florida, has somehow discovered that he is part of Felos' agenda. What a punishment!

But I just hope Terri Schiavo can be extricated from this.
48 posted on 11/03/2003 7:33:31 PM PST by livius
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To: sport
That is a good point ----- what does the ACLU have to do with this case? There is no evidence at all that Terri ever wanted them to represent her or enforce a living will that she never wrote.
49 posted on 11/03/2003 7:36:58 PM PST by FITZ
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To: livius
It has been pointed out that nearly ALL the players in Terri's drama are native Northerners transplanted to FL -- the Schindlers, the Schiavos, George W. Greer, Felos, others?
50 posted on 11/03/2003 7:39:52 PM PST by Theodore R.
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