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Judge Refuses to have feeding tube reinserted in Terri Schiavo (FOX NEWS ALERT)
Fox News | 03/22/05

Posted on 03/22/2005 3:26:06 AM PST by tsmith130

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To: AlbionGirl

Hopefully America will come to its senses and not allow people to starve to death. A statement with independent legal significance usually is applied to defamation or oral contract cases, where the out of court statement creates a cause of action. In this case the Court was looking to determine Terri's "wishes" and it looked for the best evidence and decided to accept the testimony of Michale Schiavo and his brother and sister in law. It also took the testimony of others who provided opposite statements of Terri's wishes. Judge Greer is determined to see Terri die and chose accordingly.


481 posted on 03/22/2005 5:20:32 AM PST by tort_feasor (FreeRepublic.com - Tommorrow's News, Today)
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To: AFPhys

"this is expected - this judge gave notice of his decision as soon as he scheduled his hearing for 3PM yesterday."

You are so right. As soon as I heard of a 3PM hearing I felt it didn't bode well, knowing that the judge knew how critical time was in this case.


482 posted on 03/22/2005 5:20:52 AM PST by Lynne
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To: feedback doctor

I would be very careful with your use of Jesus "bending the rules." The reason the ceremonial laws (not the Mosaic) were no longer required is because Jesus is Lord of the Sabbath. If anything, when it comes to the Mosaic Law, Jesus strengthened them (see Mt. 5)


483 posted on 03/22/2005 5:21:05 AM PST by loftyheights (Lutheran Loft)
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To: Fury

It used to be common in the first 2/3s of the 20th c to have laws that sterilized people with things like epilepsy...but at least we didn't think it was right to put down the "useless eaters"


484 posted on 03/22/2005 5:21:15 AM PST by Knitting A Conundrum (Act Justly, Love Mercy, and Walk Humbly With God Micah 6:8)
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To: DCPatriot

Delusional implies that what I said has no factual basis. You are quite wrong.


485 posted on 03/22/2005 5:21:16 AM PST by nicmarlo
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To: cajungirl
If freepers regard this as a funeral about to happen, perhaps the tone here would be more respectful to one another. We should keep our eyes on the current battle and wait to fight the war another day.

Yeah, I think we see some trolling here, and I know I'm guilty of responding to a few of them, but it is nice to bring out that picture of Muffin, she seems so ready to Zot! B-) Seriously, we are in a literal life and death struggle here and what people don't get is that it is Terri today, but it could be them or their loved ones tomorrow.

If the kitty cats can help, we might need the little darlings.

Well, I have 8 other "Viking Kitties" here. I still have one from 1987 who is alive and well:


Pansy, 1987 -

I have a good picture of her ready to Zot but I have to upload it first. B-)
486 posted on 03/22/2005 5:21:24 AM PST by Nowhere Man (I hope you enjoyed your dinner, Terri Schiavo can't. B-()
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To: tsmith130

Below is A Letter to the Editor (Seattle Times) that I wrote and that is published in todays 3/22 paper.


One of the most quoted lines in the Declaration of Independence states, "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness." That's right, it says "life."

So why do so many Democratic lawmakers say the fate of Terri Schiavo's life is none of government's business? If government is not responsible for protecting the life of someone who is unable to speak for themselves, then who is?

Despite what the media leads you to believe, Schiavo is not terminally ill, she was not on life support, she does not have a life-threatening disease, and she is not brain-dead. By all rights, she is still an American citizen and is still protected by the Constitution, and is entitled to all the protections thereof.

Every mother's basic instinct is to provide life-giving food for her child. If government fails to listen to the pleas of Schiavo's mother to save her child's life, then I really fear the precedent this case sets for all of us.


487 posted on 03/22/2005 5:21:29 AM PST by NavyCanDo
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To: blueriver
That judge was despicable to stall this process for 24 HOURS! He had his mind made up - it was a sham.

Yes. He has been quite cavalier with Mrs. Schiavo's life, which he clearly does not value.

Since the clear intent of S. 686 was for Mrs. Schiavo to receive a full re-hearing, this judge is also exhibiting a flagrant disregard for the law itself: "In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings."

488 posted on 03/22/2005 5:21:37 AM PST by snowsislander
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To: ContraryMary

So you're saying that the onset of the dispute had nothing to do with the DNR or the cessation of therapy?


489 posted on 03/22/2005 5:21:40 AM PST by agrace
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To: tort_feasor

The MSM and mediots were all over yesterday with two things 1. the FL SC opionion as if the SC heard and dertermined facts (the SC did not) 2. The brain in her skull is the same as water in a jar, a liquid.

I don't think the mediots (see oreily) can be detered from being stupid. But I wish there was an xray/scan/image which showed the truth about the solid/liquid/nonliquid state of terri's brain.


490 posted on 03/22/2005 5:22:06 AM PST by longtermmemmory (VOTE!)
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To: EDINVA

They said this Judge was chosen randomly by a computer.

Probably programmed by some liberal computer nerd.


491 posted on 03/22/2005 5:22:14 AM PST by F.J. Mitchell (Hillary Rodhamclinton is phonier than a three dollar bill clinton.)
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To: maryz

Which is exactly what the members of Congress were voting for Sunday night - having the tube reinserted during the NOVO case.


492 posted on 03/22/2005 5:22:20 AM PST by maica (Ask a Death-o-crat: "When did you decide to support death in every situation?")
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To: tsmith130

Cowardice asks the question, 'Is it safe?' Expediency asks the question, 'Is it politic? Vanity asks the question, 'Is it popular?' But conscience asks the question, 'Is it right?' And there comes a point when one must take a position that is neither safe, nor polite, nor popular, but one must take it because one's conscience tells one that it is right. -- Martin Luther King, Jr. -


493 posted on 03/22/2005 5:22:36 AM PST by DollyCali (Terri... we care!)
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To: feedback doctor

Excellent post! Thank you.


494 posted on 03/22/2005 5:23:23 AM PST by Bear_Slayer (If you're gonna be a Knight act like a Knight.)
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To: M. Thatcher
Those who blame Bush (or "the Bushes") are ignorant of the law, unaware of current events, or both.

Well said. The threads on this are more comical by the minute. Shame to see so many desperate, frantic fellow Freepers losing their senses.

495 posted on 03/22/2005 5:23:34 AM PST by DCPatriot
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To: mathluv

Same here. I'm sure Slick Willie is proud.


496 posted on 03/22/2005 5:23:49 AM PST by octobersky
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To: SendShaqtoIraq
I believe they tried that (I could me mistaken on this) and were told they had no standing.

According to Bobby Schindler on Glenn Beck yesterday, this suit is still in the works, hasn't fully been resolved yet. He didn't really elaborate though.

497 posted on 03/22/2005 5:23:52 AM PST by agrace
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To: maryz
This case is no longer simply about Terri Schiavo. It has become personal between judges and legislatures. Unfortunately, from my point of view, it is apparent that the judiciary is now the most powerful branch of government in the states and federally.

Make no mistake about it, there have been several important precedents set here. First and foremost is the precedent that states can order private citizens accused of no crime killed with no hope of judicial review from federal courts in finding of fact. Euthanasia on a grand scale, here we come.

Second is that state judges can ignore subpoenas from Congress with impunity.

Third is that courts are unquestionably the arbiter of what is constitutional and what isn't.

And fourth is that hearsay evidence is enough evidence to remove food and water from severely disabled patients.

May God bless Terri Schiavo because it is evident that the courts won't.

498 posted on 03/22/2005 5:24:06 AM PST by jwalsh07
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To: newzjunkey
Are you so paranoid that you believe there is absolutely no competence in the judicial system at any level? No, seriously. That's how you and many others around here are talking.

My only point is that (from what I understand) no one has questioned, in open court, the suitability of Michael Schiavo as a source. Only that "Terri wouldn't have said that."

Are you going to demand impeachment for Jeb or W if National Guard or Fed Marshals aren't sent to forcibly reinsert the tube?

No. Not at all -- though there are others here who probably would.

The core of my conservatism is tied to "not changing the rules" in mid-stream simply because you are losing. It applies here.

I've got serious questions regarding the Constitutionality of what the House, Senate and President did this weekend. But in any event, they did it, now we need to see it through. I had anticipated that a stay would have been granted to discuss and bring all the evidence forward in an of itself.

But ultimately, on Constitutional ground, this case is shaky at best.

My heart wants her to survive. I want her parents to take custody and move forward. But I'm also being realistic.

499 posted on 03/22/2005 5:24:32 AM PST by mhking (If you can dodge a wrench, you can dodge a ball!)
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To: expatguy
und so weiter
500 posted on 03/22/2005 5:24:34 AM PST by meandog
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