The Terri Schiavo Case

[MikeFerrara]

It's only because there's currently no legal way of humanely ending a person't life. OTOH, from what I've heard of Terri's condition, there isn't enough of her brain left to register hunger or thirst. The only people actually being hurt here are both sides of the family.

With doctors who knows but I saw an interview with a doctor who claimed that her condition was likely treatable. They pointed out that this doctor was niminated for a nobel prize for his work in this field. They claim he isn't alone in his opinion. Are they right? Is the medical community that devided on the issue?

Maybe the husbands doctors testify his way and the parents doctors testify theirs. If so then we can't believe any of them. If not it would seem to mean that the medical community isn't even close to a consensus on a prognosis for her. If the medical community is at such odds over what's brain dead maybe we shouldn't bee killing people for being brain dead ...or not being brain dead...or

You know?...often times when you can't find an answer it's because you're asking the wrong questions. I think that may be the case here.

 

[triton94949]

You mean except when it's the supreme court and the vote is deviding along party lines? Why is a judge a partisan position anyway? Why do democrats interpret the constitution so differently than republicans? Did they learn to read on different planets or something. LOL I guess it's because before they swear to focus on the statute they swear alegiance to a political party. In fact one of the things I think we're seeing (maybe not in theis case but in others) is judges trying to make law rather than apply law.

For the sake of discussion I guess I don't know what common sense is but I know what it isn't...common.

The most relevant issue about the U.S. Supreme Court in the Terri Schiavo case is that according to last night's news they had already refused 3 requests to give it a hearing upon appeal from the state courts. Basically that means they are unlikely to change their minds the 4th time either. So the parents have one more chance at federal review remaining, with the federal circuit court of appeals, and then it is all over, either way.

But that is not what you spoke about.

You spoke about power plays within the Supreme Court. And split decisions.

The litmus test for nominees to the Supreme Court seems to be whether they are strict constructionist judges or else whether they believe in making laws from the bench. Roe V Wade seems to be such a litmus test. If you believe in Roe V Wade, then you believe in making laws from the bench. If you do not believe in Roe V Wade then you are a strict constructionist.

That is how they then subsequently seem to split on their decisions as well.

The U.S. Constitution gives Presidents and Senators the power to appoint and confirm the justices and the chief justice. That is probably a good idea, since these elected leaders represent the American population in direct proportion to the people's views. And the people's views change, over the decades and centuries.

I know it seems arbitrary when 4 justices vote one way and 5 vote another. But that is simply a reflection of the split in the views of the public when they voted for President and for Senate. It is the American people's veiws that change over time, not what is right and what is wrong.

American government is based fundamentally on the will of the American people. Nothing else matters. American jurisprudence however is based on statute and precedent.

Justices disagree because they have different views of their roles and of the limits if any of their own power. Or so it would seem. But fundamentally it is still the will of the American people that leads to the appointment of all Supreme Court justices.

 

[Firebrand]

This has been going on for 15 years. People, step back and take a look at the big picture. I'm not a doctor, but I'm willing to bet that if she had a fighting chance for recovery, it would have happened a long time ago. Some would use her case to argue stem-cell research is necessary, others would argue she has no quality of life. Where do we draw the line? This case is no longer about whether Schiavo lives or dies, it determines WHO has the right to decide the fate of another person. Yesterday (3/22/05) I read an opinion that the decision should be left up to Schiavo's mother because, "she brought her into this world, and she should have the right to decide when it's time to let her leave it."

If you want to look at it from a Biblical standpoint, there comes a time when a man is to leave his parents, take up a wife, and start a family. That creates the arguement that the HUSBAND should decide when it's time for her to leave this world.

As for me, I have to agree with CancunMark when he said that her body may be functioning, but the soul has left the temple. That is why I created a living will LONG before the Schiavo case was making the federal news. I lived in St. Petersburg when this tragedy first befell the family, and it saddens me to see the two sides of the family can't come to a conclusion. I personally do not want to be kept alive if my brain is not capable of regulating my bodily processes. If anything this case is good for, it has opened up a lot of discussion for countless couples regarding the issue.

 

[Maya]

1. This case has been litigated extensively..there are over 30,000 pages of transcripts from the hearings and appeals....where were all the protesters 7 years ago???
2. To those who don't find the husband "credible", know that the courts (over 15 judges) have ruled that he is; & that all allegations of abuse against him have been found to be baseless.
3. The parents began this fight only after the husband refused to give them some of the settlement money....so are they any more "credible" than the husband??
4. It is not the husband's decision here. The court has decided, after countless hours of testimony, that the feeding tube be removed.
5. Even if the husband were removed as guardian, the successor guardian would have to follow the court's order.
6. The video you see now, and the pictures you see now (of Terri) are NOT recent. And they are only the parents' edited snippets of over 6 hours of video which show Terri as completely NON-RESPONSIVE.
7. The parents say she "moans" and "tries to communicate" when prompted by them.....what they don't say is that (according to several affidavits of nurses and caregivers) is that she moans and grimaces and opens and shuts her eyes all of the time. Even when her parents are not there.
8. MOST IMPORTANT: This is a private family matter. If the family cannot agree (as in this case) then the court steps in and makes a decision. It has. Over and over and over and over. State and Federal govt. have NO PLACE in this matter.

My 2 cents...

 

[H2Andy]

well said, Maya

 

[Drewpy]

Well said Maya!
I have enjoyed reading everyones views/opinions on this matter-thanks to all for keeping it level headed!

I certainly would not want to live in that manner!
Time to draw up some documents!

 

[nauifins73]

Thank you Maya for the facts and your 2 cents - here we have only gotten a snip of info from FOX, NBC, ABC etc. I totally agree with your "2 cents" - in the end it is none of our business.

Becky

 

[Maya]

I work as a guardianship paralegal in the 6th Circuit in Florida...same circuit as Judge Greer. It sickens me to see all the viciousness directed towards him - especially from people who don't know all the facts.

I, too have a very strongly worded living will. I am modifying it to add the following language " I expressly direct that my state congressperson, my state senators, the governor of my state, my U.S. congressperson, my U.S. senators, and the President of the United States honor this document as an expression of my free will and right to privacy. I further direct that this document be delivered to the above named persons and that it become part of the Congressional record."

Maybe that will keep the politicians OUT of my personal business!

 

[Maya]

 

[triton94949]

...To those who don't find the husband "credible", know that the courts (over 15 judges) have ruled that he is; & that all allegations of abuse against him have been found to be baseless. ...

And once again, today, as the 11th Federal Circuit Court in full quorum has once again upheld the lower courts' rulings. Although judges sometimes disagree with each other, normally they are the brightest people in the world for making these tough decisions.

Here is a facinating item from the latest news story in the Washington Post:

"Terri Schiavo, whose husband said she had bulimia, suffered severe brain damage after a potassium imbalance caused a heart attack in 1990. Her husband and her parents have been locked in a legal battle about her care since 1998."

Nutrition is more critical to good health than most people are aware. Apparently that is the undelying cause of the entire 15 year ordeal. Dieting can become lethal. Food for thought.