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Has the Schiavo case Become a Political Football?

 
 
Brandon9000
 
  1  
Reply Tue 22 Mar, 2005 07:48 am
Bella Dea wrote:
Quote:
If the police are called to the scene of a man beating up his wife, do they have the right to interfere with the husband's right to "carry out his wishes?"
If the woman asked to be beaten I would tell the state to stay out. A ridiculous notion, I know, however, that's where this differs. A woman never asks to be beaten. Terri may have requested to NOT be kept alive like this.

Oh...she signed something?
0 Replies
 
DrewDad
 
  1  
Reply Tue 22 Mar, 2005 07:49 am
OCCOM BILL wrote:
The inescapable fact that is being completely denied is that Michael's guardianship is a total sham.

The inescapable fact is that the courts have ruled in favor of Michael.

Then at the 11th hour people are trying to jump in and second guess the outcome of 15 years of treatment and litigation.
0 Replies
 
Phoenix32890
 
  1  
Reply Tue 22 Mar, 2005 07:49 am
Yes, there are emotional and personal issues involved. IMO, those need to be dealt with by the next-of-kin, Michael Schiavo, and not the government. If there was any probability that Michael caused Terri to be in the state that she is in, why were not the police ever involved? Why is alleged abuse being brought out NOW?

The fact remains kids, that the boys on the Beltway, (except possibly those with an extreme religious bent) have no real interest in Terri, per se. This is a political game, created by the right to increase their power base.

Look at the article that was in the Tampa Tribune. We who live in this neck of the woods, are right in the middle of this brouhaha, with the Rebublicans jockeying for position, so that they may increase their power base.

These folks are so hell bent on increasing their sphere of influence, that, to them, the Constitution is only a minor stumbling block.



Republicans See Issue As Way To Do Right, Stoke Electoral Base
By KEITH EPSTEIN and WILLIAM MARCH
[email protected]


Quote:
WASHINGTON - The urgency in Washington last weekend wasn't just about Terri Schiavo. It also was about politics.
As hundreds of congressmen and President Bush cut short vacations to intervene, they also hoped to broaden the party's hold on power.

Republicans acknowledged the goal of using the Schiavo case as ammunition against Democrats, particularly Florida Sen. Bill Nelson.


Quote:
Republicans Take Aim

Davis and Nelson, who is running for re-election next year and is Florida's only Democrat elected statewide, may be the top two Democrats on Florida's 2006 ballot.

Republicans are aiming to energize their base of religious conservatives, and it likely will work, several political analysts said.

``The Schiavo case is perfect, powerful political symbolism for reinforcing support among social and cultural conservatives,'' said University of Virginia political scientist Larry Sabato.

A memo circulating among Republican senators acknowledged the goal.


Quote:
``This is an important moral issue and the pro-life base will be excited,'' the memo states, noting that Nelson ``has already refused to become a cosponsor and this is a tough issue for Democrats.'' ``This may turn out to be one of the most significant abuses of power by Congress in decades,'' he said Monday.

He flew to Washington on Sunday prepared to block a voice-vote passage alone. A handful of other Democrats joined him.


Quote:
University of South Florida political scientist Susan MacManus said the issue can only help Republicans.

Besides religious voters, she said, it will also affect a larger group, ``the married vote and family vote,'' and an underestimated voting group, the disabled. About 17 percent of Florida households include a disabled person, she said.

Even if some voters consider the intervention politically motivated, said East Carolina University political science professor Richard C. Kearney, ``It doesn't cost [the Republicans] anything ... After all, they can always say they're on the side of life and an ethical person.''


Quote:
But some Democrats say the GOP may feel a backlash from voters who don't favor government intervention in end-of- life decisions.

``I think it's going to come back and bite them on the butt,'' said state Sen. Walter ``Skip'' Campbell, D-Tamarac. ``To take a tragedy of life and make it a political issue is the most absurd, uncaring, un- American form of behavior I have ever seen.'' he said.

Florida's huge contingent of elderly voters has a personal stake in the issue, said Margaret Lynn Duggar, a consultant in the field of elderly issues, and a Republican.

In conversations with her, she said, ``A lot of them have expressed serious concern about government getting involved in these decisions, overriding what appears to have been a person's decision.''


Link to article
0 Replies
 
Bella Dea
 
  1  
Reply Tue 22 Mar, 2005 07:50 am
Websters Dictionary --

2 a (1) : having the appearance of death : DEATHLY <in a dead faint> (2) : lacking power to move, feel, or respond : NUMB b : very tired c (1) : incapable of being stirred emotionally or intellectually
0 Replies
 
Brandon9000
 
  1  
Reply Tue 22 Mar, 2005 07:50 am
Bella Dea wrote:
What is the meaning of dead?

I could probably define it if I had enough time here, but the definition clearly does not include her. If she were dead, she would not be able to take in the food and water they have now denied her, since big appetites is not a noted characteristic of corpses.
0 Replies
 
Bella Dea
 
  1  
Reply Tue 22 Mar, 2005 07:51 am
Brandon9000 wrote:

Oh...she signed something?


No which is where this gets hairy. A verbal request such as this is just as important as a signed one.
0 Replies
 
Bella Dea
 
  1  
Reply Tue 22 Mar, 2005 07:52 am
Brandon9000 wrote:
Bella Dea wrote:
What is the meaning of dead?

I could probably define it if I had enough time here, but the definition clearly does not include her. If she were dead, she would not be able to take in the food and water they have now denied her, since big appetites is not a noted characteristic of corpses.


check the dictionary. I think it clearly includes her.
0 Replies
 
Brandon9000
 
  1  
Reply Tue 22 Mar, 2005 07:52 am
Bella Dea wrote:
Websters Dictionary --

2 a (1) : having the appearance of death : DEATHLY <in a dead faint> (2) : lacking power to move, feel, or respond : NUMB b : very tired c (1) : incapable of being stirred emotionally or intellectually

If she is dead, then why is there even any question of her taking food and water? Your argument is frankly silly. The words dead and alive are well understood, and she is alive.
0 Replies
 
Bella Dea
 
  1  
Reply Tue 22 Mar, 2005 07:53 am
what do you mean, a question of her taking food and water? I don' t understand what you are asking.
0 Replies
 
Bella Dea
 
  1  
Reply Tue 22 Mar, 2005 07:54 am
Brandon9000 wrote:
Bella Dea wrote:
Websters Dictionary --

2 a (1) : having the appearance of death : DEATHLY <in a dead faint> (2) : lacking power to move, feel, or respond : NUMB b : very tired c (1) : incapable of being stirred emotionally or intellectually

If she is dead, then why is there even any question of her taking food and water? Your argument is frankly silly. The words dead and alive are well understood, and she is alive.


my argument only seems silly to you because I've given you a definition of dead that includes Terri.
0 Replies
 
Brandon9000
 
  1  
Reply Tue 22 Mar, 2005 07:55 am
Bella Dea wrote:
Brandon9000 wrote:
Bella Dea wrote:
What is the meaning of dead?

I could probably define it if I had enough time here, but the definition clearly does not include her. If she were dead, she would not be able to take in the food and water they have now denied her, since big appetites is not a noted characteristic of corpses.


check the dictionary. I think it clearly includes her.

This is merely silly. Some might argue that she is "as good as dead," but she is not dead. If she were dead, then no one would be in court, since the hospice is under no obligation to supply food to a corpse. If your argument cannot survive without a lie, then it is not much of an argument.
0 Replies
 
DrewDad
 
  1  
Reply Tue 22 Mar, 2005 07:56 am
Brandon9000 wrote:
DrewDad wrote:
http://lawprofessors.typepad.com/healthlawprof_blog/2005/03/lifesupport_sto.html

Quote:
Under chapter 166 of the Texas Health and Safety Code, if an attending physician disagrees with a surrogate over a life-and-death treatment decision, there must be an ethics committee consultation (with notice to the surrogate and an opportunity to participate). In a futility case such as Sun Hudson's, in which the treatment team is seeking to stop treatment deemed to be nonbeneficial, if the ethics committee agrees with the team, the hospital will be authorized to discontinue the disputed treatment (after a 10-day delay, during which the hospital must help try to find a facility that will accept a transfer of the patient). These provisions, which were added to Texas law in 1999, originally applied only to adult patients; in 2003; they were made applicable to disputes over treatment decisions for or on behalf of minors. (I hasten to add that one of the co-drafters in both 1999 and 2003 was the National Right to Life Committee. Witnesses who testified in support of the bill in 1999 included representatives of National Right to Life, Texas Right to Life, and the Hemlock Society. Our bill passed both houses, unanimously, both years, and the 1999 law was signed by then Governor George W. Bush.)


Here is the law in question:

http://www.capitol.state.tx.us/statutes/docs/HS/content/htm/hs.002.00.000166.00.htm

I don't see anything about can't pay.

See Adrian's post: http://www.able2know.com/forums/viewtopic.php?p=1236600#1236600

And DLowan's post: http://www.able2know.com/forums/viewtopic.php?p=1236698#1236698

Sad but true: Bush signed a law that allows institutions to terminate life-support. The decision to terminate life support can include the patient's ability to pay as part of the decision making process.

Apparently it was a popular measure (unanimously passed in both houses); but then again, this isn't supposed to be about popularity.

One hospital has already terminated care for a 5 month-old baby.

Other cases are being tested now.

Whether or not the law withstands the legal challenges remember this: Bush signed it.
0 Replies
 
HofT
 
  1  
Reply Tue 22 Mar, 2005 07:56 am
Thomas - question for you on a point of law:

First, you'll be familiar with the Supreme Court's decision of last Thursday, but am re-posting it here for the sake of those who missed it:
_____________________________________________________________
"(ORDER LIST: 544 U.S.)
THURSDAY, MARCH 17, 2005
ORDER IN PENDING CASE
04A801 SCHINDLER, ROBERT, ET UX. V. SCHIAVO, MICHAEL
The application for stay of enforcement of judgment pending
the filing and disposition of a petition for writ of certiorari
presented to Justice Kennedy and by him referred to the Court is
denied."
http://www.supremecourtus.gov/orders/courtorders/031705pzr.pdf
_____________________________________________________________

Next: based on the emergency legislation passed over the weekend a federal judge did get to hear the petition and turned it down. My question is on the legislation itself: it purports to name a person, which would superficially render it ad hominem, but in (medically incontrovertible) fact it names a thing - so would be ad rem.

Now, legislation ad rem is standard, but ad homined is not. Since the res (res, rei) currently known as Mrs Schiavo has no more brain function than a piece of furniture (no brain is left - the cranial cavity is filled with spinal fluid, as per all brain scans) is the Supreme Court required to consider the case again on the basis of this new legislation? And if not, can a new appeal be directed to Federal Court in the same circuit, now sitting en banc?

Am sitting at my assistant's computer as can't post from any of mine with the new firewalls, so don't know when I can login to thank you - so pls accept thanks for your learned reply in advance.
0 Replies
 
Brandon9000
 
  1  
Reply Tue 22 Mar, 2005 07:57 am
Bella Dea wrote:
Brandon9000 wrote:
Bella Dea wrote:
Websters Dictionary --

2 a (1) : having the appearance of death : DEATHLY <in a dead faint> (2) : lacking power to move, feel, or respond : NUMB b : very tired c (1) : incapable of being stirred emotionally or intellectually

If she is dead, then why is there even any question of her taking food and water? Your argument is frankly silly. The words dead and alive are well understood, and she is alive.


my argument only seems silly to you because I've given you a definition of dead that includes Terri.

It seems silly because everyone, including you, knows the actual meaning of dead and that it does not include her. You are basing your case on a lie, which is not a noted characteristic of people in the right.
0 Replies
 
Bella Dea
 
  1  
Reply Tue 22 Mar, 2005 08:00 am
What? You are taking in circles Brandon. Please. Being dead, as a legal definition, must be taken from where? Being dead, from a personal/religious standpoint must be taken from ones self. I believe that she is dead. I would consider myself dead if I were in that state.

Call me silly or a liar but you can't debate the way I feel about something.

If you truly want to make me believe she is not dead, and change my mind about the meaning of dead, why don't you give me the "true" and legal definition?
0 Replies
 
DrewDad
 
  1  
Reply Tue 22 Mar, 2005 08:01 am
Brandon9000 wrote:
Bella Dea wrote:
Quote:
If the police are called to the scene of a man beating up his wife, do they have the right to interfere with the husband's right to "carry out his wishes?"
If the woman asked to be beaten I would tell the state to stay out. A ridiculous notion, I know, however, that's where this differs. A woman never asks to be beaten. Terri may have requested to NOT be kept alive like this.

Oh...she signed something?

<Sigh>

Obviously she did not sign anything.

As I recall, her brother and sister have both testified that Terri's attitude was that she did not want to live in a persistent vegitative state.

Not that I expect her wishes to effect any change in your Brandon-knows-best attitude.
0 Replies
 
dyslexia
 
  1  
Reply Tue 22 Mar, 2005 08:03 am
TAMPA, Fla. - A federal judge on Tuesday refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from the brain-damaged woman's parents.

U.S. District Judge James Whittemore said the 41-year-old woman's parents, Bob and Mary Schindler, had not established a "substantial likelihood of success" at trial on the merits of their arguments.

Whittemore wrote that Schiavo's "life and liberty interests" had been protected by Florida courts. Despite "these difficult and time strained circumstances," he wrote, "this court is constrained to apply the law to the issues before it."
0 Replies
 
Bella Dea
 
  1  
Reply Tue 22 Mar, 2005 08:03 am
Thanks Drewdad...

I don't think that this poor woman should be forced to stay like this. Forcing someone to "live" is just as wrong as forcing someone to die. Guess that puts us in a pretty sh*tty position, huh? Which is why IT IS NONE OF THE STATES BUSINESS.
0 Replies
 
Brandon9000
 
  1  
Reply Tue 22 Mar, 2005 08:04 am
Bella Dea wrote:
What? You are taking in circles Brandon. Please. Being dead, as a legal definition, must be taken from where? Being dead, from a personal/religious standpoint must be taken from ones self. I believe that she is dead. I would consider myself dead if I were in that state.

Call me silly or a liar but you can't debate the way I feel about something.

If you truly want to make me believe she is not dead, and change my mind about the meaning of dead, why don't you give me the "true" and legal definition?

Because you know as well as I do that she is not dead. I will not play your silly game, nor will I huff and puff scouring medical Web sites for your amusement. I am going to work now, but I want to say something to you first, and I want to be very clear about it. You are a liar. No frills, no shades of gray, no qualifications. A person who says things he knows is false is a liar, and that includes you. It does not do your side of the argument much good to have a liar advocating it.
0 Replies
 
Phoenix32890
 
  1  
Reply Tue 22 Mar, 2005 08:07 am
dys- At least there is one judge out there with a modicum of common sense, and respect for the law. Here are some more details:

http://www.tampatrib.com/MGB607G4M6E.html
0 Replies
 
 

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