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To: KarlInOhio
I have not read her published legal decision on this case, but I would like to know what justification under Massachusetts and United States law she used for her decision. Or did she just blow past the law and rule on her whim? If she ruled based on some law, then that needs to be fixed legislatively. If she just ruled based on her whim, then I hope this decision hounds her for the rest of her life and beyond.

In all 50 states, there are laws providing for judicial supervision of people who are not legally competent (e.g., severely retarded, mentally ill, in a coma, etc.). The court can either appoint a guardian for the person, or the court itself can make major decisions for the person (authorizing surgery, authorizing the filing or settlement of a lawsuit, making investments, etc.)

The concept itself is neither new (it goes back to English law) nor controversial in theory. It becomes controversial in a few cases (this one and Terry Schiavo come to mind), but judges in every state every day are making medical and other decisions for incompetent people.

46 posted on 02/21/2012 10:46:07 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

My two brothers, my sister and myself would not be alive if babies were killed because their mother was mentally ill. We are all in our sixties and seventies and yet we have had good lives, nice kids, and no sign of schizophrenia. Our mother lived with my sister and later myself and died at the age of 76. Sometimes things were strange but she wasn’t a bad mother in many ways. We were the people she trusted and no one else.

The judge has rendered a decision that is cruel and ignorant. We have become a society that calls right wrong and wrong right. God help us.


55 posted on 02/21/2012 11:08:19 AM PST by Cowgirl
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To: Lurking Libertarian
In all 50 states, there are laws providing for judicial supervision of people who are not legally competent (e.g., severely retarded, mentally ill, in a coma, etc.). The court can either appoint a guardian for the person, or the court itself can make major decisions for the person (authorizing surgery, authorizing the filing or settlement of a lawsuit, making investments, etc.)

The concept itself is neither new (it goes back to English law) nor controversial in theory. It becomes controversial in a few cases (this one and Terry Schiavo come to mind), but judges in every state every day are making medical and other decisions for incompetent people.

Do you consider that forcing a mentally ill person to abort her child falls under such laws that provide for "juditical supervision"?

100 posted on 02/21/2012 1:58:46 PM PST by little jeremiah (We will have to go through hell to get out of hell)
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To: Lurking Libertarian

You haven’t answered my question, I and some others are waiting for it. Hope you check in.


127 posted on 02/21/2012 4:53:59 PM PST by little jeremiah (We will have to go through hell to get out of hell)
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