Lawyer: Terri still in danger

WorldNetDaily.com ^ | October 22, 2003, 5:15 p.m. Eastern | By Sarah Foster

[Sabatier]

...which is a massive deprivation of Michael Schiavo's civil rights...

How so?

[isrul]

"In our system of government the courts are the final interpreters of the Law, not the Executive Branch or the Legislature"

That's a false statement.

[supercat]

OK - I'll bite. It was a foolish "law", pandering to the worst form of ignorant mob rule that is imaginable - especially since there was no testimony or review of the trial and appellate record. They tried to set up something which is arbitrary and capricious, theoretically unappealable, and which is a massive deprivation of Michael Schiavo's civil rights.

It is not a solid well-constructed piece of legislation. On the other hand, it was produced in a hurry due to exigent circumstances, to stabilize Terri's condition to the point that something better might be drafted.

The existing laws do not adequately protect people from judges who want to railroad them. This is especially true in the case of incapacitated persons in cases where a guardian ad litem is required but denied because a judge refuses to acknowledge the facts of the case. The general strengthening of the laws, however, should be done carefully and deliberately, and without the time pressure Terri's case would otherwise impose.

[The Red Zone]

No, refusing to kill her when the only party who can testify she said she wanted to be killed stands to gain from her death, is not a "feel good blue zone" measure.

[The Red Zone]

Of course it will. Who claimed otherwise?

[EllaMinnow]

Suncoast is pretty general in that part of Florida, and I'm sure that hundreds of businesses and groups use it.
Where I live, everything is called Big Bend, and none of them are connected to each other.

[Catspaw]

But I asked on this thread what constitutional provision this new law could violate, and nobody has pointed any provision out to me.

Okie dokie. But first let me set up a PayPal account so you can pay me to do the legal research.

[kennedyd]

I'm just passing on to you what the Judge said.

"In our system of government the courts are the final interpreters of the Law, not the Executive Branch or the Legislature".

That's true, but it leaves out the fact that in our system, laws are made by the legislature and not the courts. The Florida legislature has not called into question the ability of the courts to interpret the law. Rather, they have seen the need to change the law for the protection of the people they represent. Where is the problem here?

[supercat]

If the courts find that these circumstances do not exist, they can intervene.

How much authority should judges have to make unchallengeable findings that are contrary to fact?

[isrul]

"I'm curious as to who would be appointed guardian if by some chance her husband met an untimely end?"

The way things seem to be going, I would put my money on Felos.

[B Knotts]

Furthermore, it is the blue zone that is trying to foist euthanasia on us.

[aristeides]

I take it that's an admission that at the moment you are not aware of any constitutional provision that the law violates.

[supercat]

How any judge can say she is comatose, or any doctor, is beyond me.

Purely IMHO:

Reason one, for making the initial claim: $$$

Reason two, for refusing to give up the claim: staying out of prison for attempted murder.

[Catspaw]

Of course it will. Who claimed otherwise?

Well, you did, silly, back in your post #51:

It doesn't matter if it took only two seconds for the FL legislature to pass this legislation. It's law. How wise or foolish it may be can be brought up for debate, but not its legality. Does not the legislature have the power to fix its own mistakes?

[B Knotts]

Okie dokie. But first let me set up a PayPal account so you can pay me to do the legal research.

So, what you are implying is that the blanket statements that the new law is unconstitutional are without a sound legal basis, right?

[The Red Zone]

The general strengthening of the laws, however, should be done carefully and deliberately, and without the time pressure Terri's case would otherwise impose.

One good measure would be to require all end of life directives that specify removal of nutrition or hydration in case of PVS, or a party with authority to choose such, to be written. Most states do this. We can thank Jim King (fatso) for the fact that Florida doesn't.

[The Red Zone]

Context, context, context.

[Catspaw]

I take it that's an admission that at the moment you are not aware of any constitutional provision that the law violates.

actually, no. If you want me to do legal research & write a brief before the start of game 4, you're going to have to pay me for it.

[ordinaryguy]

The Suncoast Center for Patient Safety Evaluation and Research is part of the University of South Florida.

[Catspaw]

So, what you are implying is that the blanket statements that the new law is unconstitutional are without a sound legal basis, right?

No, I'm saying that if I have to miss game 4 of the world series doing legal research & writing a brief I want to be paid for my time.