Noah, The petition to Congress in this case to allow an appeal to the Federal Courts for a de novo hearing, (which the Federal Courts declined to grant) in light of all the obvious and blatant improprieties involved in the state court activities that led to the ORDER of death, would have been one of those cushions that you say we need.
And I see nothing wrong or inappropriate, in the attempt to have laws changed that would prevent another innocent person finding themselves in Terri's situation, to invoke the name, image, facts and details of Terri Schiavo.
Speaking of the final ORDER of Judge Greer, I'm sure many do not know that it was not an ORDER simply allowing Michael Schiavo to have the feeding tube removed as was the original ORDER of 2000. This was an ORDER that stated that Schiavo shall cause it to be removed, essentially removing even Michael Schiavo's right to act in the event of a change of heart about the situation, a fact that George Felos, Michael Schiavo's lawyer, was only too glad to state to the public. And it didn't merely state the 'feeding tube' shall be withdrawn, it stated 'food and hydration' shall be withdrawn.
The court did more than affirm the guardian's right to act, the court directly ordered the death to be effected, of a person who was not terminally ill, of a person who could not physically enunciate clearly enough, to the court's satisfaction, that she wanted to live. In response to one of the family's lawyer's urging to Terri that she could stop all of this right now, shortly before the feeding tube was removed, if she could only say, "I want to live", the court did not find the sworn affidavit of the attorney asserting Terri's reply of "AAAAHHHHH WAAAAAAAA" followed by an anguished scream, and then sobbing (by a pesron who has been denied speech therapy for 15 years), all heard by Terri's sister and brother-in-law and the police guard at the door (who initially stated that she did in fact hear it but then later recanted her statement) credible, and that even if he did find it credible, he was denying the motion because, in his opinion, it was not timely filed, regardless of the fact that the affidavit was part of the attorneys' planned submission to the Federal Court, if they were granted the de novo hearing, as authorized by Congress, that they tried to obtain that entire week, which as we have seen, was denied them, and since all hearings at the Federal level were denied, making it impossible to present this affidavit at the Federal level, they subsequently petitioned the State Court with the evidence. Here is what I shared earlier about this:
I've also been sickened and angered by the media spin and Felos's spin about the family waiting until last night to tell Judge Greer about Terri trying to say "I want to live", implicating that it was a false statement. I personally read that statement by Barbara Weller the same evening of the day that the feeding tube was removed on March 18th. And here is the proof: (notice the date of the report) http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=43383
The judge then further overstepped his authority, by Florida statute, when the parents petitioned to be able to attempt to nourish and hydrate her orally, since she could swallow, even if minimally, in that she did eat soft foods by spoon prior to the husband forbidding it after the feeding tube was placed (to ensure proper levels of nutrition), and in that she swallowed her own saliva and sinus secretions without choking. People who can't swallow can't do that. In reponse to this final petition the judge ordered that no food and hydration could be administered orally, even to the extent that not even ice chips could be placed on her tongue, nor a wet sponge applied to her dried cracked and bleeding lips, nor could the inside of her mouth be swabbed with water, all standard protocols for hospice care, in the relieving of suffering.
And in response to your dismay at my saying in Aliís thread (to which I wonít be replying in there anymore about this, out of respect for Ali) Ďliberals are from another planetí, I was mistaken. I should have said that Ďmost liberals are from another planetí, because some liberal politicians actually did take a stand for justice and for the importance of the principle of the guarantee of the right to life in this case, refusing to bring this down to the level of playing politics with a personís life on the line, whereas there were some conservative politicians who did just the opposite and placed political maneuverings and considerations above what should have been the paramount issue under consideration, the Constitutionally guaranteed right to life of a fellow human being. They too are from another planet, as far as I am concerned. My sincerest apologies.
ARH, youíre right, 911 didnít wake us up and apparently this hasnít either. I plan to work to change that.
And I agree that it is hypocritical to be sacrificing our sons and daughters on the battlefield to ensure the human rights of others, when here at home there is seemingly very little political will, or courage, to protect those same rights of American citizens, particularly the weakest among us.
I am still proud to be an American, but I am ashamed of our leaders. No one, not even the president, is bound to honor a court order arrived at through blatant violations of the law or an order at odds with the law and the moral or natural law. But that is also something that we can work to change.
[This message has been edited by Denise (04-03-2005 11:29 AM).]