Posted on 04/20/2005 4:02:56 PM PDT by CHARLITE
The Terri Schiavo case so outraged House Republican leader Tom DeLay that he has all but declared war on the judiciary. Heaven knows judicial arrogance needs discussion, but a politician under siege for alleged ethics violations who is upset over a single outcome that two-thirds of the country agrees with is not the person to get discussion going.
After federal courts refused to act in the Schiavo case despite the new jurisdiction that Delay helped create, DeLay said the courts had ``run amok'' in abortion and school prayer cases. Congress, he said, ``must make sure the judges administer their responsibilities.''
Some conservative activists started muttering about impeaching Supreme Court Justice Anthony Kennedy (he's the author of a few recent decisions they don't like).
Other GOP leaders were aghast, fearing that the hullabaloo would threaten their effort to win Senate votes on judicial nominees threatened with filibuster. And sky-is-falling editorial writers wondered if the judiciary would survive.
The uncomfortable fact is that DeLay is on to something. Judges at all levels all over the country long have been throwing precedent and logic to the winds to reach results they want. In Massachusetts we recall federal Judge W. Arthur Garrity's failed experiment in running the Boston schools and our Supreme Judicial Court's more recent discovery of a ``right'' of gays to marry. We are not alone.
Activist judges seem to have forgotten that their decisions must be judged reasonable both by people who don't like the result and people who do. Case in point: Kennedy's opinion outlawing the death penalty for 16-year-olds and 17-year-olds. Using the trend of laws in other countries to justify it strikes us as unreasonable indeed.
There are a number of tools that can be used legitimately against out-of-bounds judges. (Cutting court budgets is not one.) The Constitution grants Congress power over the Supreme Court's jurisdiction. The framers thought impeachment was the remedy for judges guilty of ``a series of deliberate usurpations'' - a series, not a single case (``The Federalist,'' No. 81). Ending nomination filibusters can be thought of as another. As 11 states reminded us last November, constitutions can be amended. New laws can be enacted.
If any of this is undertaken, it should be done soberly. In an ideal world, it would be led by public figures of stature who are not involved in partisan politics.
The Schiavo case has precious little to do with the problem. In her case, all the judges applied the law as they found it. If it takes up DeLay's request to examine the actions of the federal courts in this case, the House Judiciary Committee should concentrate on whether changes are needed in the law, not the judges.
No, as I stated, surrogate has a definite meaning in this situation. The husband becomes the proxy and must meet the clear and convincing standard before the decision to remove the nutrition can be ordered. As IleeneWright notes in post #44, Terri was given a guardian ad litem when Michael first petitioned to remove the feeding tube. The GAL found that Michael was not clear and convincing. Plus, as I have noted hearsay evidence is inadmissible.
90.802 Hearsay rule.--Except as provided by statute, hearsay evidence is inadmissible.
90.803 Hearsay exceptions; availability of declarant immaterial.--The provision of s. 90.802 to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness:
(4) STATEMENTS FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT.--Statements made for purposes of medical diagnosis or treatment by a person seeking the diagnosis or treatment, or made by an individual who has knowledge of the facts and is legally responsible for the person who is unable to communicate the facts, which statements describe medical history, past or present symptoms, pain, or sensations, or the inceptions or general character of the cause or external source thereof, insofar as reasonably pertinent to diagnosis or treatment.
Right. "Good behavior" means honoring your solemn oath to the USA. That is the most basic, most vital aspect of GOOD BEHAVIOR. --FReegards....
I haven't heard any updates on any of the issues as of yet, except that Grandma Mae is leaving the state. :)
I haven't heard any updates on any of the issues as of yet, except that Grandma Mae is leaving the state. :)
Please don't tell me that she's going back to GEORGIA!!!
SIGH!!!!!!!!!!!
No, it's good news. I think she's going to a pro-life state, but I'm so confused I forgot the name of the state.
I think the senators listed below are key senators. Are they from your state?
URGE SENATORS NOT TO USE A PRO-ABORTION LITMUS TEST FOR JUDGES
A minority of pro-abortion Democrat senators are leading a filibuster against key judicial nominations – just because they are pro-life. In their minds, a judge who may oppose the gruesome Partial-Birth Abortion procedure cannot be trusted on the bench. They are trying to impose their radical, pro-abortion political agenda on our entire nation for years to come. So far, they’ve been successful by mounting unprecedented and unconstitutional filibusters against very qualified, pro-life nominees by President Bush. They won’t allow an up-or-down vote on the Senate floor. A recent national survey of registered voters showed that 82 percent of you believe qualified judges should get an up-or-down vote in the Senate.
We desperately need your help to contact key US Senators. Ask them to support the constitutional option rules change for a fair up-or-down vote on the President’s judicial nominations. Click here for easy contact information.
PLEASE forward this link to any and all pro-lifers who live in the states represented by these key senators. It is URGENT that you do so TODAY!
Future generations of unborn children depend upon what we do in the days and weeks to come. Please help save them from the violence of abortion!
Bradley Mattes
Executive Director
Life Issues Institute
Ask For A Fair Up-or-Down Vote on Judges!
Contact Your Senators Today!
Collins, Susan - (R - ME)
461 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2523
Web Form: collins.senate.gov/low/contactemail.htm
Lugar, Richard - (R - IN)
306 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4814
E-mail: senator_lugar@lugar.senate.gov
McCain, John - (R - AZ)
241 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2235
Web Form: mccain.senate.gov/index.cfm?fuseaction=Contact.Home
Sununu, John - (R - NH)
111 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2841
Web Form: www.sununu.senate.gov/webform.html
Smith, Gordon - (R - OR)
404 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3753
Web Form: gsmith.senate.gov/webform.htm
Hagel, Chuck - (R - NE)
248 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4224
Web Form: hagel.senate.gov/index.cfm?FuseAction=Offices.Contact
Nelson, Ben - (D - NE)
720 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6551
Web Form: bennelson.senate.gov/email.html
DeWine, Mike - (R - OH)
140 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2315
Web Form: dewine.senate.gov
Cochran, Thad - (R - MS)
113 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5054
Web Form: cochran.senate.gov/contact.htm
Stevens, Ted - (R - AK)
522 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3004
Web Form: stevens.senate.gov/contact_form.cfm
Murkowski, Lisa - (R - AK)
709 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6665
Web Form: murkowski.senate.gov/contact.html
Warner, John - (R - VA)
225 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2023
Web Form: warner.senate.gov/contact/contactme.cfm
4/12/05
http://www.lifeissues.org/breakingnews.html
Either America has changed, or the America that I was taught to believe in was false to begin with.
I still trying to decide which it is.
Can you let ME know when you figure it out? :)
Prior to Terri, I certainly wasn't naive'. I understood how "politics" worked, but I then, my eyes were REALLY opened prior to Terri, around the election, when I did begin to feel that America seemed to have changed!
I've thought about it A LOT and I believe that America began to change with the clinton administration. At no time in our history was there a Presidential administration like Clinton's!
I can't recall a time, wherein a PRESIDENT literally sold the PEOPLE'S HOUSE OUT for a PRICE! Lincoln's bedroom, etc...under handed campaign funds, funneled through communist entities, etc....
Although politicians were *politicians* and everyone always just accepted the old politicians are *politicians* adage and mindset, I've never in my life seen such, crooked, underhanded, illegal, DASTARDLY, mean spirited, EVIL, selfish, unAmerican, hateful, despicable, will stop at NOTHING to WIN political maneuvering, like I witnessed during this last election, which was then.....only CONFIRMED, during Terri's ordeal!
I don't recall the existence of such HATEFULNESS! Such a love for EVERYTHING immoral and just plain MEAN & EVIL! The way that I grew up, with the mindset that I was raised with and others in my age group and those before me, seems to have become the reverse and has become the repulsive trend and mindset today?
Everything that we were told that was bad, is now good, correct, appropriate and the only acceptable minset! Everything we were taught that was good and worthwhile, has now become an EVIL and DISGUSTING mindset!
I am leaning heavily towards AMERICA has CHANGED significantly and DRASTICALLY! But then who the heck knows? I might be WRONG? Perhaps AMERICA has ALWAYS been *this way* and I was just BRAIN WASHED into believing otherwise?
(Wish I could use a SHOCKED emoticon!)
I've just become so deeply SADDENED and so DISAPPOINTED by it all!
I never thought that I would ever live to see the day, when AMERICA would allow and WATCH, a court ordered and court sanctioned DEATH of a helpless, disabled fellow American!
What's more, is the FACT that there are so many other AMERICANS, who have actually JUSTIFIED what took place and call it RULE OF LAW and LEGAL, as if this was a NORMAL, COMMON OCCURRENCE in American!
Although I remain POSITIVE, in terms of my FAMILY, my FRIENDS, my GOD, my FAITH and the fact that I KNOW that there are other Americans such as yourself, who still believe that what was once Good is still GOOD and what was once bad is still BAD...YES, THIS......has FOREVER changed me and has FOREVER changed my whole PERSPECTIVE!
LOL Well when you remember the STATE, please let us all know, so that we can all begin packing our bags! lol
All LIBpublicans??????????? I was expecting to see a list of LIBERALS! Unbelievable! Wow, makes me feel so warm and fuzzy knowing that every American, from every RED county and state in the union, worked so hard to re-elect a REPUBLICAN administration WITH a Republican MAJORITY!
/Sarcasm
I know! I've seen it with my own eyes, here in Illinois! I watched Cathleen Crier from Court TV, begin FOAMING AT THE MOUTH, as she clenched her teeth SCREAMING at Joe Scarb.(sp?) about how AWFUL Judge Greer is being DISRESPECTED! I've seen the unthinkable and unimaginable comments on other message boards!
You're so right too, about prophesy being fulfilled before our very eyes! 2Timothy 3........etc
I'm so sorry that you had to see and experience such EVIL! The Bible talks about God turning "them" over to a deprayved mind and their conscience being seared forever! (paraphrasing)
It's not an "oath to the USA" it's an oath to uphold the basic law of America - the Constitution.
I don't care who a judge votes for or what church they go to .. I expect them to follow the rule of law in the Constitution - not their own personal policy preferences.
The Fla House Judiciary Committee impeaches Judges but they are all protecting Senator Jim King at the moment. If they went after Greer, Jim King would be caught in that net and that would take a mighty large net to hold him.
I did get my feds and my fla legislators mixed up and it was inadvertent.
Anyway, I'm demanding accountability from the feds and also from Florida govt.
Now Judge Whittemore is a Federal Court Judge he needs to be investigated too. His closet is full of skeletons.
russesjunjee did a nice post with some of the violations by Judge Greer on it.
"The Constitutional Option is a simple procedure designed to stop the obstruction of President Bush's judicial nominees and allow them to finally get up-or-down votes by the full Senate.
Stand with us as we Confront the Judicial War on Faith.
http://www.StopActivistJudges.org"
I get error messages when I try to get the actual Declaration at site above.
The Ithacan, an opinion piece.
By Kevin O’Neill ’05
Guest writer
April 07, 2005
“The right to die” and “dying with dignity” are catchphrases that were thrown around quite frequently regarding the removal of a feeding tube from Terri Schiavo, a woman who suffered brain damage 15 years ago. I sincerely doubt most of those people had any idea what they were saying.
How dignified do people consider starva-tion? When confronted with commercials ex-posing the terrible food shortage in many third world countries, “dying with dignity” is not a phrase that jumps to most people’s lips. Perhaps ignorance of what physically happens during starvation and dehydration shields some from considering the gravity of this case.
Medical doctor and ethicist David Stevens has described the process thus: the mouth dries out and the tongue becomes swollen and cracked. The lips become parched and cracked as a thick coating begins to cake the mouth and lips. The eyes sink back into the skull while the cheeks hollow and the lining of the nose begins to crack, potentially causing nosebleeds. The skin turns dry and scaly and hangs loose on the bones. Urine decreases, becoming highly concentrated, and eventually stops completely.
Then, the stomach lining dries out, causing vomiting and dry heaves. Brain cells dry out, too, causing convulsions. The respiratory tract dries out and thick secretions develop, a process that may plug the lungs and airways. Eventually, after the body suffers all these effects, all the major organs fail, including the lungs, heart and brain.
This is an extremely warped idea of “dignity.” It is illegal in the state of Florida, where Terri lived, to put a dog down this way, but for an innocent woman this death sentence will suffice. George Greer, the judge hearing this case has displayed shocking determination to see Terri die. On February 25, he stated that he would only hear motions relating to the “death process” and has denied, without hearing arguments or evidence, the Schindlers’ motion to divorce Terri from Michael and denied, without hearing arguments or evidence, the Schindlers’ motion to remove Michael as guardian.
He also heard, but did not rule on, arguments that Terri should be fed by mouth once the feeding tube was removed and many more very relevant points relating to this case.
Judge Greer skirted and ignored the law more times during this whole fiasco than are permissible to relate in polite company.
What happened in Florida last week was nothing short of murder, and to add further insult to injury, the judge denied the Schindlers’ request that Terri be allowed to receive Viaticum (Holy Communion for the dying) by mouth.
Yes, an American judge denied a citizen the opportunity to practice her religion (he also denied her “unalienable right to life,” but the Constitution and the Bill of Rights are not the rules judges play by these days).
The president has said it is always best to err on the side of life, but what happened to Terri Schiavo last week was no mistake. The unjust rulings of Judge Greer were cold, obsessively calculated, lethally relentless and sadly indicative of the attitudes society has adopted toward the weak.
FV SAYS: If you want to, please copy/paste & email the above to your US Senators and House Members and demand an investigation of ALL THE JUDGES in the SCHIAVO CASES and an investigation of the NINE SENATORS IN TALLAHASSEE who voted against Terri. Who lobbied them so they would vote against her?
The declaration is in pdf format. Do you have adobe Jim?
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