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Has the Schiavo case Become a Political Football?

 
 
woiyo
 
  1  
Reply Mon 21 Mar, 2005 08:46 am
The State Court IMO, ruled incorrectly to allow the "husband" to make the decisions for her care.

IMO, once the "husband" abandonded the women and went on to father children with another, he forfieted the rights obtained by marriage regarding medical decisions.

The decision now should be left with the parents, as should the cost of whatever decision the parents make.
0 Replies
 
OCCOM BILL
 
  1  
Reply Mon 21 Mar, 2005 09:00 am
No one seems to have an answer for what I wrote last night on another thread:
Lash wrote:
This situation is unspeakably cruel. Some people are grandstanding. Some are manipulating this situation. And, some can't stand the fact that this woman is being killed.
And some... me at least... think the wrong person is making the decision for the wrong reason. The folks who wrote the common-law marriage laws obviously didn't anticipate this situation. It is beyond doubtful that when they wrote the laws they intended that someone in Michael's shoes would become a polygamist. The man has obviously moved on and Terri's inability to speak for herself is the only reason he's still considered her next of kin. This is a simple oversight by lawmakers.

While I personally would not wish to be dehydrated to death were I in Terri's position (having no God, I'd prefer to live as long as possible under any circumstances) if I wasn't a financial burden to any non voluntary person; I none the less would respect Terri's parents decision if they concurred with her EX-husband. Unlike CJ, I don't accept that a piece of paper trumps reality in determining who Michael's wife is today. To claim he is the legitimate "next of kin" is to deny that common law marriage exists and that the law makers clearly didn't meant to create a polygamy situation which is, of course, ridiculous.

If Brooke is right about who Michael is; you all know my position there so I'll just skip that for now.

My hat is off to the Democrats who are, as I type, voting their conscience. Almost half at this moment have voted to save Terri's life until this is sorted out. I am once again happily surprised and humbled by the congress exceeding my expectations. I should note that prior to seeing the vote result, I didn't realize this was such a Party Line issue. I now agree with whoever said earlier that the idea that it would be is disgusting.

I have no idea really if prolonging this woman's life is a curse or blessing; but I am certain that the decision to kill her should not have been Michael's.

Both houses appear to have sided with Terri's parents. Good.

Now this morning I see people saying that anyone who believes the dissenting doctor's opinions is delusional? I never would have guessed so many A2Kers were qualified to make such certain assessments. Even if misguided; what would justify such shameful scorn? If I had a daughter; I'd like to think I'd do everything in my power to protect her from being killed including but not limited to: Lobbying lawmakers, begging for her life on national television and I'd probably consider killing her would-be killer as a last resort. Regardless of what you think their motivations may have been; law makers have done what they could to help a family protect their daughter from the man who wants to kill her. That is the simple truth. Good on them.
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joefromchicago
 
  1  
Reply Mon 21 Mar, 2005 10:12 am
OCCOM BILL wrote:
And some... me at least... think the wrong person is making the decision for the wrong reason. The folks who wrote the common-law marriage laws obviously didn't anticipate this situation.

Nobody wrote the laws regarding common-law marriage. They're common law rules: that means they're not statutory.

OCCOM BILL wrote:
It is beyond doubtful that when they wrote the laws they intended that someone in Michael's shoes would become a polygamist.

For the reasons stated above, this contention is nonsensical.

OCCOM BILL wrote:
To claim he is the legitimate "next of kin" is to deny that common law marriage exists and that the law makers clearly didn't meant to create a polygamy situation which is, of course, ridiculous.

Common-law marriage doesn't exist, at least not in Florida, which abolished common-law marriage in 1968 (Fla. Stat. Ann. 741.211). Michael Schiavo can live with a woman until doomsday and he would never become her common-law husband in Florida.

OCCOM BILL wrote:
Now this morning I see people saying that anyone who believes the dissenting doctor's opinions is delusional? I never would have guessed so many A2Kers were qualified to make such certain assessments.

And yet people here offer uninformed, misguided opinions about the law all the time. What are their qualifications, O'BILL?
0 Replies
 
OCCOM BILL
 
  1  
Reply Mon 21 Mar, 2005 10:55 am
joefromchicago wrote:
OCCOM BILL wrote:
And some... me at least... think the wrong person is making the decision for the wrong reason. The folks who wrote the common-law marriage laws obviously didn't anticipate this situation.

Nobody wrote the laws regarding common-law marriage. They're common law rules: that means they're not statutory.
Embarrassed Thanks for the clarification Joe... but my point remains pretty much the same. There remains a void or deficiency in law between "married" and "legally married". It is precisely this deficiency that's being exploited to prevent Terri's true next of kin from being heard.

joefromchicago wrote:
OCCOM BILL wrote:
Now this morning I see people saying that anyone who believes the dissenting doctor's opinions is delusional? I never would have guessed so many A2Kers were qualified to make such certain assessments.

And yet people here offer uninformed, misguided opinions about the law all the time. What are their qualifications, O'BILL?
Devil's in the details Joe. The word "certain" is the important detail in what you've quoted. You've established what the law is and for that matter who the lawyer in this exchange is... now would you care to address the point? Or were you just being helpful?
0 Replies
 
Cycloptichorn
 
  1  
Reply Mon 21 Mar, 2005 11:00 am
This whole issue is just plain sick, and a waste of our taxpayer money... just let the brain-dead woman go already!!!

Cycloptichorn
0 Replies
 
Brandon9000
 
  1  
Reply Mon 21 Mar, 2005 11:04 am
Cycloptichorn wrote:
This whole issue is just plain sick, and a waste of our taxpayer money... just let the brain-dead woman go already!!!

Cycloptichorn

If you must misrepresent the facts to make your various points, that certainly says a lot. Brain dead is a well defined medical term, and she is not brain dead.

Quote:
Brain death - irreversible cessation of cerebral and brain stem function; characterized by absence of: electrical activity in the brain, blood flow to the brain, and brain function as determined by clinical assessment of responses. A brain dead person is dead, although his or her cardiopulmonary functioning may be artificially maintained for some time.


AMA
0 Replies
 
Cycloptichorn
 
  1  
Reply Mon 21 Mar, 2005 11:10 am
The WaPost is reporting about an unsigned GOP 'memo' being circulated around Captial Hill:


http://www.washingtonpost.com/wp-dyn/articles/A51402-2005Mar20.html

Quote:
This is an important moral issue and the pro-life base will be excited that the Senate is debating this important issue," said the memo, which was reported by ABC News and later given to The Washington Post. "This is a great political issue, because Senator Nelson of Florida has already refused to become a cosponsor and this is a tough issue for Democrats."


It didn't take long to start exploiting this poor brain-dead woman for political gain. And let's not forget the hypocrisy involved with the Republicans here:

Quote:
Voting 203 to 58 at 12:42 a.m., the House joined the Senate in approving the measure and rushing it to President Bush. He signed the bill into law at 1:11 a.m., saying, "I will continue to stand on the side of those defending life for all Americans, including those with disabilities."


??? Oh, really, Bush?

http://digbysblog.blogspot.com/2005_03_20_digbysblog_archive.html#111134934659869241

Quote:
By now most people who read liberal blogs are aware that George W. Bush signed a law in Texas that expressly gave hospitals the right to remove life support if the patient could not pay and there was no hope of revival, regardless of the patient's family's wishes. It is called the Texas Futile Care Law. Under this law, a baby was removed from life support against his mother's wishes in Texas just this week. A 68 year old man was given a temporary reprieve by the Texas courts just yesterday.

Those of us who read liberal blogs are also aware that Republicans have voted en masse to pull the plug (no pun intended) on medicaid funding that pays for the kind of care that someone like Terry Schiavo and many others who are not so severely brain damaged need all across this country.

Those of us who read liberal blogs also understand that that the tort reform that is being contemplated by the Republican congress would preclude malpractice claims like that which has paid for Terry Schiavo's care thus far.

Those of us who read liberal blogs are aware that the bankruptcy bill will make it even more difficult for families who suffer a catastrophic illness like Terry Schiavo's because they will not be able to declare chapter 7 bankruptcy and get a fresh start when the gargantuan medical bills become overwhelming.

And those of us who read liberal blogs also know that this grandstanding by the congress is a purely political move designed to appease the religious right and that the legal maneuverings being employed would be anathema to any true small government conservative.

Those who don't read liberal blogs, on the other hand, are seeing a spectacle on television in which the news anchors repeatedly say that the congress is "stepping in to save Terry Schiavo" mimicking the unctuous words of Tom Delay as they grovel and leer at the family and nod sympathetically at the sanctimonious phonies who are using this issue for their political gain.

This is why we cannot trust the mainstream media. Most people get their news from television. And television is presenting this issue as a round the clock one dimensional soap opera pitting the "family", the congress and the church against this woman's husband and the judicial system that upheld Terry Schiavo's right and explicit request that she be allowed to die if extraordinary means were required to keep her alive. The ghoulish infotainment industry is making a killing by acceding once again to trumped up right wing sensationalism.


Lie, lie, lie, whatever they have to do for political gain, they do. It's sick that they would use a brain-dead body this way...

Cycloptichorn
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Cycloptichorn
 
  1  
Reply Mon 21 Mar, 2005 11:14 am
Brandon,

Don't be dense. Look at the last line of the definition:

Quote:
and brain function as determined by clinical assessment of responses. A brain dead person is dead, although his or her cardiopulmonary functioning may be artificially maintained for some time.


You know as well as I do that not one, not two, but several doctors have concurred that she is in a PVS. You don't want to believe this; that's fine, but it doesn't change the diagnosis one bit. These doctors aren't out to kill Terri, why would they have anything against any of their patients? They made a judgement and that's that.

The fact that her crazy parents can't let go of their daughter is disturbing, but the fact that her life is being used as political capital by the Republicans is just morally bankrupt. Not that this is surprising coming from the party of Bush and DeLay.

Cycloptichorn
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BumbleBeeBoogie
 
  1  
Reply Mon 21 Mar, 2005 11:16 am
You are never too young to make a living will
Instead of us all arguing about the Terri case, we all should make sure we have living wills and that they are up to date in your state. You are never too young to make a living will.

I revised my living will today to comply with New Mexico law.

The following site is an excellent source for free living will forms for all states:

http://www.uslivingwillregistry.com/forms.shtm

BBB
0 Replies
 
Dookiestix
 
  1  
Reply Mon 21 Mar, 2005 11:35 am
Cycloptichorn wrote:
You know as well as I do that not one, not two, but several doctors have concurred that she is in a PVS. You don't want to believe this; that's fine, but it doesn't change the diagnosis one bit. These doctors aren't out to kill Terri, why would they have anything against any of their patients? They made a judgement and that's that.

The fact that her crazy parents can't let go of their daughter is disturbing, but the fact that her life is being used as political capital by the Republicans is just morally bankrupt. Not that this is surprising coming from the party of Bush and DeLay.


Looks like another divorce from reality for Brandon. Would Brandon accept Dr. Frist's "video" diagnosis over the professional doctors opinion who are still practicing and have spent extensive time with Terry Shiavo?

Just curious... Afterall, Dr. Frist believes that tears and sweat can spread AIDS.

Next, they'll have Bush himself trot on in and render his own personal "diagnosis" of Terry Shiavo, pretending to sound like an expert.

Isn't it also nice that they can put DeLay front and center in this fiasco so as to distract Americans from his own ethical problems? I'm surprised that that wasn't one of the benefits listed from the GOP talking points.
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Cycloptichorn
 
  1  
Reply Mon 21 Mar, 2005 11:48 am
Latest polling on the Shiavo case.
ABC News (PDF). 3/20. MoE 4.5% (No trend lines.)

http://abcnews.go.com/images/Politics/978a1Schiavo.pdf

Removal of feeding tube

Support 63
Oppose 28

Federal Intervention

Support 35
Oppose 60

Appropriate for Congress to get involved?

Appropriate 27
Not Appropriate 70

Reason political leaders are trying to keep Shiavo alive

Concern about Shiavo 19
Political Advantage 67

Even among evangelicals, 46 percent support removal of the feeding tube, as opposed to 44 percent who oppose. Conservatives support removal of the feeding tube 54-40.


Those of you who are arguing for keeping this poor dead lady alive are officially out of touch with the rest of America and our values. It's not even a Republican-Democrat thing.

Cycloptichorn
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cicerone imposter
 
  1  
Reply Mon 21 Mar, 2005 11:53 am
Cyclo, Interesting poll on this issue. In this morning's San Jose Mercury News, there's an article about this issue and the opinions from Constitutional Scholars, and they seem to be split on whether Congress has the autority to intervene in a state matter; some say yes and some say no. One interesting point made by one law professor was the fact that Congress should not write legislation that has already been settled at the state level - going backwards. They write legislation/laws that goes forward into the future. I thought that was an interesting point.
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Dookiestix
 
  1  
Reply Mon 21 Mar, 2005 12:06 pm
Cycloptichorn wrote:
Those of you who are arguing for keeping this poor dead lady alive are officially out of touch with the rest of America and our values. It's not even a Republican-Democrat thing.


You're right, Cycloptichorn, it's not. It's more like a neoconservative vote grabbin', Tom DeLay face savin', Democratic name-calling, look the other way while gas prices skyrocket, medical disinformation kinda thing.

Have you seen the responses from the rightwing lunatic fringe on this matter?

http://www.blogsforterri.com/archives/2005/03/republicans_sch.php#comments

Here are a few amazing examples:

---------------------------------------

Mockery? Michael Schiavo has made a mockery of his "marriage" by refusing to stand by his wife and going and having numerous affairs after her "incident" and then for the past 10 years living with another woman, having sex with her, and fathering 2 children with her.

Give me a break. That is adultery and in God's eyes is a sin and the marriage should be dissolved.


---------------------------------------

The Church's stance on the husband's rights do not superceed God's Law on: "Thou shalt not kill."

Oh yeah, God also said, "Thou shalt not commit adultry."

Well, michael shiavo has attempted to violate the Fifth Commandment, and has directly violated the Sixth Commandment.

Why would Catholics ever support an individual who has violated the Laws that are the tenets of our Faith?

You're keeping yourself nameless because you really don't want those of us reading these blogs to know how stupid you are. Oh well--we don't care; it's your right to have a WRONG opinion.


---------------------------------------

I am the truth and the light. LIFE! You must see the bigger picture here. Terri "IS" a symbol of LIFE!
How can you believe in Jesus Christ as the Savior of the world and be on the side of Dr Cranford and George Felos? The evil that walks among us, these men who can lie and decieve.
The bible warns us to know the Word (Jesus) and to educate yourself to the truth. The WOLF in SHEEPS clothing.
Jesus=LIFE
Shall we allow these monsters to start killing Alzheimers patients because they think that is not quality life? Christopher Reeve? Mohammed Ali? Michael J Fox? Autistic children? Where do you draw the line?


---------------------------------------

Hey all you pro-deathers/quality of life advocates?

Christopher Reeve was on a respirator from the time of his accident until his death of natural causes. What makes his situation different that Terri's? She breathes on her own/he didnt. he ate, could speak and he had physical therapy/she can't eat or speak and has been denied physical therapy.

Is there anyone out there that thinks we should have removed his respirator and allowed him to suffocate to death?

Well Terri breathes, and her heart pumps. We don't know if she could eat on her own; she hasn't been allowed to try. What we do know is that she is innocent and has the right to food and water.

Christopher Reeve was injured and lived in a wheelchair--but no one ever suggested he should be murdered. Terri may not have a good quality of life now, but her parents and those who love her will help her--and her quality of life will improve.

Terri has the right to have someone care for her and give her a chance. Because, if she's given the quality of life she deserves, she may find herself eventually able to testify against her "husband". That's what he fears, and that's why he wants her dead.
0 Replies
 
joefromchicago
 
  1  
Reply Mon 21 Mar, 2005 12:15 pm
OCCOM BILL wrote:
Embarrassed Thanks for the clarification Joe... but my point remains pretty much the same. There remains a void or deficiency in law between "married" and "legally married". It is precisely this deficiency that's being exploited to prevent Terri's true next of kin from being heard.

Would you have the courts decide this case based on what the law is or on what they think the law ought to be?

OCCOM BILL wrote:
Devil's in the details Joe. The word "certain" is the important detail in what you've quoted. You've established what the law is and for that matter who the lawyer in this exchange is... now would you care to address the point? Or were you just being helpful?

Just being helpful. I have no interest in the Schiavo case and have not been following the events of the past several days. Unlike many people, however, I try not to offer opinions on subjects that I do not know very well.
0 Replies
 
dyslexia
 
  1  
Reply Mon 21 Mar, 2005 12:21 pm
The facts are now rolling in, it's now being reported by, not one but two, former class-mates of Terri that she was known as the school slut and we have a notorized statement that she has sexual relations with an unnamed member of her high school basketball team on Prom night. Three prior neighbors of Terri have sworn that she was seen, not once but several times, flirting with the clerk behind the counter at the local food market. The only surprise to this reporter is that Mr Schiavo has never petitioned his church to have her buried to her neck and then stoned to death. Video as 11.
0 Replies
 
parados
 
  1  
Reply Mon 21 Mar, 2005 12:35 pm
dys,
Thanks for the black humor.

It's almost as funny as the law passed by Congress.
0 Replies
 
parados
 
  1  
Reply Mon 21 Mar, 2005 12:41 pm
Speaking of the law that Congress passed. It's text can be found here.

http://thomas.loc.gov/cgi-bin/query/z?c109:S.653:


Hey, the good news from this is after Congress enacts tort reform we now have a precedent allowing you to sue outside of the law. It certainly lays the groundwork about how the little people will keep getting *****.
Can't sue? Just get your friends in congress to write a law specifically allowing you to do so.
0 Replies
 
Cycloptichorn
 
  1  
Reply Mon 21 Mar, 2005 12:44 pm
From a great post on www.americablog.org :

Quote:
The GOP just guaranteed every American universal health coverage - Hillary would be proud
by John in DC - 3/21/2005 10:27:00 AM

Robert, a reader over at DailyKos, recently wrote a comment over there regarding Schiavo that is actually quite brilliant (I can't find the link to his post, but will summarize it below).

If the Republicans believe their "culture of life" requires the federal government to intervene and assure adequate medical care any time an American is at risk of bodily harm, then we can assume this "culture of life" applies to other Americans when they too need critical medical care yet something stands in their way.

For example:

- poor people, the homeless, the underemployed, illegal immigrants who can't afford to pay for their medical help
- the elderly who don't have enough money to pay for the kind of expensive medical attention they may need later in life
- parents of newborns facing catastrophic illness
- regular Americans who can't afford health insurance, have no health insurance for any other reason, or who have health insurance that doesn't cover their current major or catastrophic illness.
- any American who ends up facing any kind of major illness or threat to their health and who can't afford to pay for adequate treatment. STRIKE THAT, money is irrelevant, this is the Culture of Life we're talking about. That should read "any American facing any kind of major illness or health threat, period - regardless of ability to pay" - in Schiavo's case, money isn't the issue, yet they're still guaranteeing federal help. And after all, isn't the Culture of Life more important than dollars anyway?

In other words, the GOP just guaranteed every American universal health coverage. And if that's not what they're guaranteeing, ask them why not? Is the Terri Schiavo case about the "culture of life" - or is it simply about Tom DeLay and the radical right grandstanding when they don't really give a damn about anybody's life?

Some enterprising Democrat should write up the Culture of Life Act (Terri's bill) immediately and introduce it, guaranteeing universal health coverage to ensure that every American is guaranteed their "culture of life."


Amen.

Cycloptichorn
0 Replies
 
Brandon9000
 
  1  
Reply Mon 21 Mar, 2005 12:45 pm
Cycloptichorn wrote:
Even among evangelicals, 46 percent support removal of the feeding tube, as opposed to 44 percent who oppose. Conservatives support removal of the feeding tube 54-40.


Those of you who are arguing for keeping this poor dead lady alive are officially out of touch with the rest of America and our values....Cycloptichorn

When it comes to a person's life or death, who gives a flying $#%@ what the poll numbers are? Some of us were discussing right and wrong.
0 Replies
 
Cycloptichorn
 
  1  
Reply Mon 21 Mar, 2005 12:46 pm
I give a flying $#%@ what the poll numbers are; and you should as well, for it shows how out of touch with America you are on this issue of allowing this poor woman to die in peace after years of torment...

But hey, there's no need to get snippy just b/c you're case is blown to hell....

Cycloptichorn
0 Replies
 
 

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