Text 10801, 73 rader
Skriven 2005-03-31 22:36:21 av Ed Connell (1:379/1.6)
  Kommentar till text 10762 av EARL CROASMUN (1:275/311)
Ärende: Re: Bo Gritz
====================
Hey, EARL.

 EC> -> The analogy is that the state is killing someone.

 EC> If you insist on framing it that way, the analogy should at least be
 EC> made a little more accurate by saying that the state refused to
 EC> intervene when she killed herself.

No.  The judge ordered her death.

 EC> I fully realize that there are sincere, well-meaning people who firmly
 EC> believe that no patient should be allowed to die, even if they do it
 EC> passively by refusing medicine, surgery, or feeding tubes rather than
 EC> actively by poison, gunshot, or hanging.  They are free to make that
 EC> choice in their own lives.  But our nation has allowed patients to do
 EC> exactly that.  The scope of that right, the situations it applies to,
 EC> the procedures to be used or not used vary somewhat from state to
 EC> state. But the basic principle exists in all states, and long ago was
 EC> determined to be a constitutional right.

What you are arguing for is not what I am arguing against.

 EC> There are other people who feel that even if a patient can make that
 EC> decision no one ELSE should be allowed to make the decision FOR them.
 EC> Apparently there are still people who think Schiavo died because the
 EC> husband "wanted" to "kill" her.  The state of Florida, like all or
 EC> nearly all states, has a defined procedure created within its legal
 EC> system.  It was followed.  The court found clear and convincing
 EC> evidence that removal of the tube was HER expressed wish.

The court?  How anticeptic!  The judge so ruled.

 EC> And then there are others who think that the barrier should have been
 EC> higher, that her intent didn't matter unless it was in writing, that
 EC> the judge should have required five witnesses instead of three, or
 EC> whatever. Under our legal system, they have the right to legislate
 EC> higher requirements.  When the Nancy Cruzan case went to the Supreme
 EC> Court, in fact, THAT was the issue the Court had to determine.
 EC> Missouri realized that it had to allow patients to choose to refuse
 EC> treatment, but it legislated a higher standard of proof ("clear and
 EC> convincing evidence") than the one that was being used.  Missouri then
 EC> refused to allow food and water to be cut off for Cruzan, based on the
 EC> fact that there was only one witness who testified as to her expressed
 EC> intent.  The Supreme Court ruled that the state could do that.  It also
 EC> held that there is no legal distinction between food and water and
 EC> other medical care.  It is an interesting decision to read, especially
 EC> the opinions of Scalia and O'Connor.

It is not clear to me that she wanted to die.

 EC> So if people want to quibble with the court decision in 2000, and want
 EC> to substitute their own opinions of how much evidence is enough, that's
 EC> find.  Doesn't change the outcome.  And they are free to seek to become
 EC> judges themselves.  But the state law, the federal law, and the United
 EC> States Constitution were all followed in this matter.  Given the
 EC> existing laws and judicial precedents, every court decision was
 EC> correct. If at any point in the last two weeks any judge had ordered
 EC> the feeding tube reinserted, that judge would be overstepping authority
 EC> and acting in an improper manner -- an "activist" judge, to use the
 EC> going phrase.

The federal court just thumbed its nose - Rush's take was that it gave 
everyone the finger - same thing.  How hard would it have been for a federal 
court to take start all over, take evidence about every aspect of this 
situation.  After all, the life of a US citizen was involved.  Sadly, no one 
in the federal judiciary cared enough to get involved.  That opinion from 
that one judge who chose to berate the president and congress for 
interfering is sickening.  It would be just if each of these judges end up 
in Terry's place and get to see what it is like.


--- Fidolook Lite FTN stub 
 * Origin: Procrastinate NOW, don't put it off for tomorro (1:379/1.6)