Text 11055, 71 rader
Skriven 2005-04-04 17:21:39 av John Hull (1:379/1.99)
  Kommentar till text 11052 av Max Kohn (1:18/200)
Ärende: Re: where have real conservat
=====================================
04 Apr 05 16:32, Max Kohn wrote to John Hull:

 MK> *** Quoting John Hull from a message to Jeff Binkley ***

 JB>> The point here is the judge didn't say that Michael could remove 
 JB>> the tube, he said he will.    

 JH>> Correct, and why did he say that?  Because the parents were 
 JH>> seeking an injunction, to *prevent* him from doing that, and there 
 JH>> had already been a ruling that he could several years before that 
 JH>> - which ruling had been held up and prevented by legal appeals 
 JH>> without success.

 MK> The judge ordered Terri's execution.  He did not say that Michael 
 MK> would get the right to make the decision either way.  Therefore, Terri's 
 MK> blood is on Judge Greer's hands.  Hope he can sleep well knowing this. 

 JH>> What he actually said, in essence, was that there will be no more 
 JH>> appeals, and that Michael's request, as guardian, would be carried 
 JH>> out immediately.

 MK>  No he did not.  He did not say that Michael's request would be 
 MK> carried out immediately.  He said and I quote "the feeding tube will be 
 MK> removed immediately."  This means that if Michael wanted to change his 
 MK> mind, he no longer could.  That was overstepping the judge's legal 
 MK> boundaries. 

Michael's request had already been ruled on years before.  The only reason it
wasn't carried out was because of endless appeals by the parents - who lost
every time because they didn't have legal standing.  They had no case, and
could not provide evidence compelling enough to change the original ruling in
Michael's favor as surviving spouse.  That you don't like that is irrelevant.

 JH>> I'm not going to argue if that was right or wrong - obviously you 
 JH>> have your own ideas about that.  I'm only saying that you are 
 JH>> putting a spin on what the judge ruled that isn't there when taken 
 JH>> in the context of a 15 year legal battle.

 MK>  No, I'm putting the CORRECT interpretation on what the judge 
 MK> ruled.  In effect, the judge killed Terri.  I hope he rots in hell for 
 MK> doing so.

No, you don't have the right to claim YOUR interpretation is the ONLY ONE. 
You're just another one of the closed minded idiots on both sides of this issue
that created a shitstorm over an issue that is none of your business.

The judge ruled based on Florida statute as enacted by the Florida legislature.
 You got a problem with that, take it up with them.  And the reason that the
tube was ordered removed was because the judge was ordering that the previous
ruling made originally in Michael's favor and that had been held up for years
should be carried out.  The fact that state and federal appeals courts refused
to issue a stay, and that the state and federal Supreme Courts refused to get
involved should tell you that ALL legal remedies had been exhausted by the
parents.  

That you don't like THOSE rulings either is irrelevant.  Your opinion in this
matter has no more legal standing than mine or anybody else's in this matter. 
What does have legal standing is the Florida state law under which this was
carried out.  If you don't like it, tough.  If you want to change it, then move
your butt to Florida and become an activist to get the law changed.  I'm not
gonna hold my breath waiting to see you do that, however.  By the way, you
better check Illinois law, because I think its very similar to Florida law in
that regard.

John 

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--- Msged/386 TE 05
 * Origin:  (1:379/1.99)