Here is something I posted on another board, about the latest legal development in the Terri Sciavo case, typos and all:
I continue to be heartbroken over the Terri Schiavo case. I just managed to find a copy of the May 5 ruling of Judge Baird. It's frightening.
I had earlier thought that Terri's law might be vulnerable, if at all, because it was a law of less than general application, meaning that you could argue that it was only meant to apply to one person, and therefore wouldn't be Constitutional under Florida law. That's not the way that Judge Baird went, however.
After Terri's Law was passed, talking heads and idiot media types went on about the separation of powers being violated, which is nonsense (take my word on that for a moment). Judge Baird has therefore based his decision on what seems to play well in the media.
Judge Baird granted summary judgment to Terri's husband, meaning that the Governor and Legislature are to be given so little respect that they don't even deserve a hearing on the matter.
Terri's Law enables the Governor of Florida to act when: a disabled person who is court-ordered to be starved to death and has 1. no advance directive (living will), 2. the feeding tube has been removed and 3. a family member who has challenged the death by starvation.
The Governor can issue a stay of death one time for the purpose of slowing the matter and requesting a Guardian ad Litem for the disbled and condemned person.
Judge Baird's ruling yesterday declares that "it is an unconstitutional delgation of legislative power to the Governor and because it unjustifiably authorizes the Governor to summarily deprive Florida citizens of their constitutional right to privacy."
Here's the great part from this judge: "In both instances, these are pure questions of law that require no evedentiary support under any conceivable circumstances."
This thing goes on for 28 pages, and I have read it. This is the judge that has refused to allow family members to visit the woman, has allowed the husband to go years without filing required care plans with the court, has dismissed the Guardian ad Litem, has not allowed the Governor to participate in discovery, has not allowed the family to appear even as a "friend of the court" (although the ACLU, pushing for killing the woman, IS allowed to appear as a friend of the court), the same judge who has allowed the woman's teeth to rot in her mouth because the husband forbids the medical facility to brush her teeth......and on and on.....
The ruling means, if one were intellectually honest, that the Governor no longer has the right to grant stays to condemned murderers on death row (that would be an unconstitutional delegation of legislative power) and that the right to privacy means that if you are a disabled woman, your husband can declare that you have a right to die.....and government may not, under any circumstances, do anything to protect you.
That would infringe on your privacy.
Privacy in America only ever means one thing: death to someone vulnerable who cannot speak for him or herself.
This topic is a passion of mine, and I want to help get Baird off the bench. If anyone else here cares, I can e-mail this thread to the family's attorney, with whom I sometimes correspond.
I continue to be heartbroken over the Terri Schiavo case. I just managed to find a copy of the May 5 ruling of Judge Baird. It's frightening.
I had earlier thought that Terri's law might be vulnerable, if at all, because it was a law of less than general application, meaning that you could argue that it was only meant to apply to one person, and therefore wouldn't be Constitutional under Florida law. That's not the way that Judge Baird went, however.
After Terri's Law was passed, talking heads and idiot media types went on about the separation of powers being violated, which is nonsense (take my word on that for a moment). Judge Baird has therefore based his decision on what seems to play well in the media.
Judge Baird granted summary judgment to Terri's husband, meaning that the Governor and Legislature are to be given so little respect that they don't even deserve a hearing on the matter.
Terri's Law enables the Governor of Florida to act when: a disabled person who is court-ordered to be starved to death and has 1. no advance directive (living will), 2. the feeding tube has been removed and 3. a family member who has challenged the death by starvation.
The Governor can issue a stay of death one time for the purpose of slowing the matter and requesting a Guardian ad Litem for the disbled and condemned person.
Judge Baird's ruling yesterday declares that "it is an unconstitutional delgation of legislative power to the Governor and because it unjustifiably authorizes the Governor to summarily deprive Florida citizens of their constitutional right to privacy."
Here's the great part from this judge: "In both instances, these are pure questions of law that require no evedentiary support under any conceivable circumstances."
This thing goes on for 28 pages, and I have read it. This is the judge that has refused to allow family members to visit the woman, has allowed the husband to go years without filing required care plans with the court, has dismissed the Guardian ad Litem, has not allowed the Governor to participate in discovery, has not allowed the family to appear even as a "friend of the court" (although the ACLU, pushing for killing the woman, IS allowed to appear as a friend of the court), the same judge who has allowed the woman's teeth to rot in her mouth because the husband forbids the medical facility to brush her teeth......and on and on.....
The ruling means, if one were intellectually honest, that the Governor no longer has the right to grant stays to condemned murderers on death row (that would be an unconstitutional delegation of legislative power) and that the right to privacy means that if you are a disabled woman, your husband can declare that you have a right to die.....and government may not, under any circumstances, do anything to protect you.
That would infringe on your privacy.
Privacy in America only ever means one thing: death to someone vulnerable who cannot speak for him or herself.
This topic is a passion of mine, and I want to help get Baird off the bench. If anyone else here cares, I can e-mail this thread to the family's attorney, with whom I sometimes correspond.
