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Posted on 03/25/2005 12:17:45 AM PST by STARWISE
Judge George Greer ruled that the State of Florida has no right to take custody of Terri Schiavo, which ruling came hours after an appeal by Terri's parents to re-insert the feeding tube was refused by the U.S. Supreme Court.
Meanwhile, another hearing was scheduled tonight before US District Judge James D. Whittemore .. the same judge who previously heard and denied the request subsequent to the 'de novo' intention of the law past last weekend by the Congress and signed by President Bush, in an effort to confirm that no stone was left unturned before Terri would endure legally sanctioned dehydration until death.
I've thought the right thing to do would be to shoot Terri in the foot. That way, the shooting would most likely not be the cause of death, but an autopsy would be required to determine that.
Knowing good from evil is innate.
---
So is the will to live. It is innate. Our bodily movement demonstrates life and a force towards life. The body and mind or one. One cannot live without the other. Terri doesn't have to speak for me to see her will to live. Likewise, I don't have to communicate with a dog in order to see it's life force and sense a will to live. In Terri's case more mercy is given to a dog than Terri.
This is a sad day.. Next year when Bush pardons his Thanksgiving Turkey and I'll see that turkey's will to live and how Terri's life was less worthy than that turkey.
then his political career is over
The 1997 Florida Statutes(9) "Life-prolonging procedure" means any medical procedure, treatment, or intervention which: (a) Utilizes mechanical or other artificial means to sustain, restore, or supplant a spontaneous vital function; and (b) When applied to a patient in a terminal condition, serves only to prolong the process of dying. The term "life-prolonging procedure" does not include the administration of medication or performance of medical procedure, when such medication or procedure is deemed necessary to provide comfort care or to alleviate pain.
This was THE LAW in effect AT THE TIME TERRI COLLAPSED.
I called the Gibbs Law Firm, and a very pleasant lady answered the phone. She said that they've already read the latest TEJ article, and quite unexpectly I burst forth with "Why doesn't somebody get that man on the stand?!?"
She sweetly said, "I can't discuss the case with you," and I responded, "Of course...I know you can't." I ranted a bit, and said that I wasn't yelling at her - I just wanted to see Terri get her justice!
She said she understood, and that she'd pass my message to the lawyers. I thanked her, and we said goodbye. Very sweet lady!
we all know the answer to that---a resounding yes and Greer would be the judge, jury and executioner
Suppose that, in future, legislators declared air conditioning to be a "life-prolonging procedure" [it's actually a more recent invention than invalid feeders]. Would this mean that people who, under today's standards did not want to receive "live-proloning procedures", should be left outside in the Florida sun in the middle of summer?
can you give me that phone number please.
Luckily I copied and saved the following from the PDIA site:
In November 1994, George Soros delivered a speech on the questions raised by the culture of dying in America. His speech, reproduced here, elaborated much of the origins and aims of the Open Society Institute's Project on Death in America.
Excerpts:
Third, we must increase the availability of hospice services for terminally ill patients removing restrictions on admittance and enhancing reimbursement regulations. We should consider laws that permit next of kin to decide to forego life sustaining medical interventions even when a patients wishes are not known. The government may have to help family members financially so that they can take care of dying persons at home by the least expensive means. These are only a few of the approaches to transforming the culture of dying that our project will be exploring in the months to come.
More:
This brings me to that hotly debated subject, physician-assisted suicide and euthanasia. This is the one aspect of dying that is talked about everywhere -- on television, in public forums, in newspaper headlines, and serious journal articles. Voters in Oregon just approved a law that makes it the first state to lift the prohibition against physician-assisted suicide.
As the son of a mother who was member of the Hemlock Society, and as a reader of Plato's Phaedra, I cannot but approve. But I must emphasize that I am speaking in my personal capacity and not on behalf of the Board of the Project on Death in America. There are members of the Board who take a different position and the Board as a whole wants to steer clear of the issue because it feels it has plenty to do before opening that Pandoras box. Instead of getting embroiled in the debate on physician-assisted suicide and euthanasia, they want to support the training of health care professionals, enabling them to provide humane, compassionate care to the dying, including improved physician-patient communication, patient-centered care, better physician judgment on withdrawing or withholding care, and familiarity with the principles and practices of palliative care.
I agree with a legal document, notarized, being something one should and must follow. Had Terri had one, her parents already said they would not be doing this.
But there was no legal document, as we all know. And Michael's hearsay, as pertains to Terri allegedly wanting something considered a felony is ridiculous.
What if I said: "If I'm in such and such a state, shoot me." Does one honestly think a lawyer would draft up such a "legal" documen which contains a criminal act?
Wouldn't it be necessary to prove that the shot actually cause death? I'd think an *AUTOPSY* would be necessary for that. And if the shot were nowhere near a vital organ and did not cause significant blood loss, I would think the primary cause of death would still be the court-ordered starvation/dehydration.
I wonder what would President Reagan want? Would he have wanted to be starved to death or would he had wanted to wait till God called him home.................
Next year ,..
Corrected- This year...
WOW, I just read the article at TEJ! We can't stop making noise and we must not stop even if Terri dies!
Even now, I bet most 20 years olds haven't even paid attention to Terri having a feeding tube.....they're too concerned about other things and aren't listening to the news.
In Florida, since sometime after the time Terri collapsed.
(10) "Life-prolonging procedure" means any medical procedure, treatment, or intervention, including artificially provided sustenance and hydration, which sustains, restores, or supplants a spontaneous vital function. The term does not include the administration of medication or performance of medical procedure, when such medication or procedure is deemed necessary to provide comfort care or to alleviate pain.Chapter 765, Florida Statutes 2004 <-- It's near the top, "Definitions"
If he shot her in the foot, wouldn't it be legally necessary for a hospital to attempt to stabilize her, Greer's orders notwithstanding?
Here is the problem--Florida Statute 765 makes up your mind for you in case you forgot:
765.401 The proxy.--
(1) If an incapacitated or developmentally disabled patient has not executed an advance directive, or designated a surrogate to execute an advance directive, or the designated or alternate surrogate is no longer available to make health care decisions, health care decisions may be made for the patient by any of the following individuals, in the following order of priority, if no individual in a prior class is reasonably available, willing, or competent to act:
(a) The judicially appointed guardian of the patient or the guardian advocate of the person having a developmental disability as defined in s. 393.063, who has been authorized to consent to medical treatment, if such guardian has previously been appointed; however, this paragraph shall not be construed to require such appointment before a treatment decision can be made under this subsection;
(b) The patient's spouse;
Precisely. It's called Natural Law. If you haven't read John Locke's "Second Treatise on Government", I invite you to do so. It isn't long. It's where Jefferson got most of the ideas he put down in the Declaration of Independence. The upshot is that any corporeal law that countermands Natural Law is illegitimate on its face.
Lauren, that was wonderful.
A fact-filled, steady comment call.
That is a true example of a great call!
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