Posted on 03/20/2005 1:34:36 PM PST by FoxPro
I heard she had a huge breakfast, but the whole weekend thing, and Easter Recess, I agree seems to be timed.
How can an ex-post facto law be considered constitutional? What has happened to the strict constructionist approach to constitutional issues by Republican party???????
PS: What about upholding State's rights?
Civil rights issue? Bogus defense because this law just passed applies to one person only so that comparison can't be made.
The Constitution does not allow the State to murder a U.S. citizen and gives the Congress the right to stop it.
Aw, come on, do you actually expect people to go to the incredible length of getting their wishes in writing if they JUST wanna be starved to death? Man, what has this country come to if you can't off someone unless they've actually taken five minutes to tell a lawyer to draw up a legal document first! Next thing you'll be saying that we shouldn't starve the retarded, either! /s.o.
I don't think you can make the case that the state of Florida is murdering her. I wish this wasn't happening and that some agreement could have been reached years ago between Michael and the Schindlers. But Terri has not been denied due process, which means consitutional conditions have been met. This is NOT a federal case, and I think a very bad precedent is being set in Washington.
It's not demagoging to make reference to what is actually written in our founding documents.
Do you seriously think the Founding Fathers would allow the murder of a U.S. citizen on the basis of States rights? Do you actually believe that States Rights are a higher value than stopping the murder of an innocent citizen?
She hasn't had an MRI, and there is no certainty that she is in a PVS. The only basis for saying that she wants to die is her (unfaithful) husband's word that wasn't mentioned for 5 years.
She has no lawyer representing her. She's been denied the right to even go outside, or get any therapy.
And she's presently being starved to death and denied even ice chips to make her more comfortable.
If that's not murder, I'd like to know what you base your moral judgements on......
"So if you don't actually kill someone yourself, but you have the power to stop the killing and you do nothing,"
Just one question. What gives you the idea that Governor Bush has the power to stop this killing when it has been ordered by the court? A link would help here.
"Well, I am a conservative politically and an evangelical Christian and I, like millions of others, have a written document known in California as a "durable power of attorney" (or a "living will" in other states) directing my attorney in fact to see that I am NOT kept alive by force feeding and diapers for years when my brain is gone like poor Terri. [Her brain is gone G-O-N-E. Where her brain used to be, there is only spinal fluid. She has only a brain stem left.]"
First of all, there is no Durable power of attorney in Terri's case. Second, there is evidence that her brain is not gone, on the contrary, her brain is still functioning. There is also evidence that, with therapy, she could be in better shape than she is now, but she has been given no therapy.
"The only problem was that Terri, like most young adults, told people (her husband, her brother-in-law and sister-in-law) but didn't have her wishes written down."
If she actually said that to her husband and his kin, why was that not brought up during the lawsuit that handed Michael a check for more than a million dollars? Don't you think that would have been significant to bring out in court at that point?
Are you a lawyer or do you just play one on TV? All we know is what she said. I guess in your view, she might have been lying too. Is that right?
Do you think that all humans who are the condition she is in should be starved until they die, if they don't have anything in writing?
I think the Florida statute is fair. If we know, to a clear and convincing evidence standard, what they wanted, they should be allowed their wish to die. Yes. The 'clear and convincing standard' compensates for the lack of a writing.
Unlike you, I think Judge Greer, despite being maligned by the ignorant, did his very best to be fair to everyone in the case and properly determined what Terri wanted.
Michael Schiavo has nothing to do with it. The court, after a lengthy trial determined the facts, i.e. what Terri has said she wanted. We have no reason to believe she would lie. Ending her 'live' under the despicable standards of forced feeding and diapers imposed on her for 15 years (!) would be a blessing. She was right.
"How can an ex-post facto law be considered constitutional? "
Ex-post facto means retroactive. That would be the equivilant of the law saying that the feeding tube that was pulled on Friday had to have not been pulled on Friday.
This law does not say that, or even that the feeding tube has to be re-inserted. It simply gives her parents standing before a Federal judge to review the case. If a federal judge determines to hear the case, he can at that point order the feeding tube re-inserted at that point.
How mant proceedings in how many courts have their been? Can anyone even count them? Due process does not mean the case turns out the way you want it. Terri's family has had many opportunities to plead their case. They have had testimony from experts. How can you say her case has not been heard?
So, the feeding tube and the diapers aren't necessary? The poor woman has no brain left. It is GONE. Can you understand that? That is what necessitates the feeding tube and the diapers.
Paul simply reminded us that Christians (who have the 'hope' of eternal life) should not grieve over the loss of physical life "... like the rest who have no hope." Which side are you on?
"But Terri has not been denied due process,"
Who was Terri's attorney during this process? (Not who was Michael's attorney, who was Terri's attorney?) How many times did Terri or her attorney appear before the court?
here, here
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.