Here is the link to S. 686.

Here is a link to the last federal ruling on Friday last (3/18/05).

One early issue will be states rights and what the federal courts call "comity".

When do federal courts interfere with states rights to litigate state matters. The last federal court to rule on Friday said the federal courts have no jurisdiction because of the "Rooker/Feldman" doctrine.

Basically, district courts have no jurisdiction because the Supreme Court said so a long time ago.

Congress has passed a law contrary to the Rooker/Feldman doctrine, so there will be initial arguments that Congress cannot overturn the Supreme Court on constitutional matters.

Then the court will also consider whether or not the plaintiffs can eventually prevail on the merits. If he thinks so, then the injunction will issue, but if not he cannot issue the injunction under Federal Civil Rule 65.

The Rude Pundit has good commentary on the matter.

I just keep thinking, if I thought my father would do to me like Terri Schiavo's parents are doing with her, then I would not be on speaking terms with him. The Bushist Arbeiterspartei is taking advantage of some terrible case of what family therapists call emotional fusion. Fact is, Terri Schiavo grew up to adulthood many years ago; since then, she hasn't had a mother or father, but instead some close relatives with a separate life. It's not the onetime parents' business anymore, because Terri Schiavo has a legal guardian and they are not him. The onetime parents are desperately seeking to regain the control of their daughter that must have infused their relationship all along.

Chemo-Electric Trashman #2 I heard in the MSM, but have not confirmed, that Bush signed into law THE OPPOSITE while he was governor of Texas.

El flippo floppo is evidently a hippocrit once again. Anything for political mileage, but nothing for the truth.

RE: #1 above The link to S 686 seems to have been moved, so here is the text of the law:

AN ACT
For the relief of the parents of Theresa Marie Schiavo

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO.

The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

SEC. 2. PROCEDURE.

Any parent of Theresa Marie Schiavo shall have standing to bring a suit under this Act. The suit may be brought against any other person who was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo, or who may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.

SEC. 3. RELIEF.

After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

SEC. 4. TIME FOR FILING.

Notwithstanding any other time limitation, any suit or claim under this Act shall be timely if filed within 30 days after the date of enactment of this Act.

SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS.

Nothing in this Act shall be construed to create substantive rights not otherwise secured by the Constitution and laws of the United States or of the several States.

SEC. 6. NO EFFECT ON ASSISTING SUICIDE.

Nothing in this act shall be construed to confer additional jurisdiction on any court to consider any claim related--

(1) to assisting suicide,

(2) a State law regarding assisting suicide.

SEC. 7. NO PRECEDENT FOR FUTURE LEGISLATION.

Nothing in this Act shall constitute a precedent with respect to future legislation, including the provision of private relief bills.

SEC. 8. NO EFFECT ON THE PATIENT SELF-DETERMINATION ACT OF 1990.

Nothing in this act shall affect the rights of any person under the Patient Self-Determination Act of 1990.

SEC. 9. SENSE OF THE CONGRESS.

It is the Sense of the Congress that the 109th Congress should consider policies regarding the status and legal rights of incapacitated individuals who are incapable of making decisions concerning the provision, withholding, or withdrawal of foods, fluid, or medical care.

This is a tragedy for both sides of the family, but this is so obvious that Terri has become a pawn for the right to life crowd. The politicians like Tom Delay know the federal court will not over turn every state court ruling on this issue over the years but will use that to help with Bushs judicial pick and to help republicans in the midterm elections.

Dredd,

Here's a compelling excerpt from the Texas Futile Care Law signed by then-governor Bush:

§ 166.039. PROCEDURE WHEN PERSON HAS NOT EXECUTED OR ISSUED A DIRECTIVE AND IS INCOMPETENT OR INCAPABLE OF COMMUNICATION.
(a) If an adult qualified patient has not executed or issued a directive and is incompetent or otherwise
mentally or physically incapable of communication, the attending physician and the patient's legal guardian or an agent under a medical power of attorney may make a treatment decision that may
include a decision to withhold or withdraw life-sustaining treatment from the patient.

(b) If the patient does not have a legal guardian or an agent under a medical power of attorney, the attending physician and one person, if available, from one of the following categories, in the
following priority, may make a treatment decision that may include a decision to withhold or withdraw life-sustaining treatment:
(1) the patient's spouse;
(2) the patient's reasonably available adult children;
(3) the patient's parents; or
(4) the patient's nearest living relative.

(c) A treatment decision made under Subsection (a) or (b) must be based on knowledge of what the patient would desire, if known.

(d) A treatment decision made under Subsection (b) must be documented in the patient's medical record and signed by the attending physician.

(e) If the patient does not have a legal guardian and a person listed in Subsection (b) is not available, a treatment decision made under Subsection (b) must be concurred in by another
physician who is not involved in the treatment of the patient or who is a representative of an ethics or medical committee of the health care facility in which the person is a patient.

(f) The fact that an adult qualified patient has not
executed or issued a directive does not create a presumption that the patient does not want a treatment decision to be made to withhold or withdraw life-sustaining treatment.

(g) A person listed in Subsection (b) who wishes to
challenge a treatment decision made under this section must apply for temporary guardianship under Section 875, Texas Probate Code.

The court may waive applicable fees in that proceeding.

The problem I see is that no substantive rights were created in the new law:

"SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS

Nothing in this Act shall be construed to create substantive rights not otherwise secured by the Constitution and laws of the United States or of the several States."

What this means is that the only rights are the state rights that were litigated for 7-8 years.

The facts were determined in the state courts. Those were appealed to the highest court of the state - the State Supreme Court.

That was appealed to the US Supreme Court, which denied to hear the case.

Now, the federal district court is ordered to disregard the state law:

"SEC. 2. PROCEDURE

... the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings"

That is a serious issue because the US Constitution gives the states sovereign status which congress cannot touch.

That means this law congress passed may be held to be unconstitutional.

Cheryl #6 That is the one. Thanks for the link.

It is clear that W has signed two opposite laws on this subject and has called others flip floppers.

This is pure and rank hipocrazy.

And as Brad points out, the MSM doesn't have the balls, sense, brains, or integrity to see this T. Schiavo case with any focus.

They think it is a goody goody thang for the bleeding hearts in the neocon religion preached now by the right crooked Preacher DeLay.

B U S H I T !!!

What Congress has done affects us all, and we should be very concerned about the implications.

They don't care about Terri Schiavo, just like they don't care about you or me.

Mixter

And read this:

When There Is A Disagreement About Medical Treatment: The Physician Recommends Against Life-Sustaining Treatment That You Wish To Continue

You have been given this information because you have requested life-sustaining treatment,* which the attending physician believes is not appropriate. This information is being provided to help you understand state law, your rights, and the
resources available to you in such circumstances. It outlines the process for resolving disagreements about treatment among patients, families, and physicians. It is based upon Section 166.046 of the Texas Advance Directives Act, codified in Chapter 166 of the Texas Health and Safety Code.

When an attending physician refuses to comply with an advance directive or other request for life-sustaining treatment because of the physician's judgment that the treatment would be inappropriate, the case will be reviewed by an ethics or medical committee. Life-sustaining treatment will be provided through the review.

You will receive notification of this review at least 48 hours before a meeting of the committee related to your case. You are entitled to attend the meeting. With your agreement, the meeting may be held sooner than 48 hours, if possible.

You are entitled to receive a written explanation of the decision reached during the review process.

If after this review process both the attending physician and the ethics or medical committee conclude that life-sustaining treatment is inappropriate and yet you continue to request such
treatment, then the following procedure will occur:

1. The physician, with the help of the health care facility, will assist you in trying to find a physician and facility willing to provide the requested treatment.

2. You are being given a list of health care providers and referral groups that have volunteered their readiness to consider accepting transfer, or to assist in locating a provider willing to accept transfer, maintained by the Texas Health Care Information Council. You may wish to contact providers or referral groups on the list or others of your choice to get help in arranging a transfer.

3. The patient will continue to be given life-sustaining treatment until he or she can be transferred to a willing provider for up to 10 days from the time you were given the committee's
written decision that life-sustaining treatment is not
appropriate.

4. If a transfer can be arranged, the patient will be
responsible for the costs of the transfer.

5. If a provider cannot be found willing to give the requested treatment within 10 days, life-sustaining treatment may be withdrawn unless a court of law has granted an extension.

6. You may ask the appropriate district or county court to extend the 10-day period if the court finds that there is a reasonable expectation that a physician or health care facility willing to provide life-sustaining treatment will be found if the
extension is granted.

*"Life-sustaining treatment" means treatment that, based on reasonable medical judgment, sustains the life of a patient and without which the patient will die. The term includes both life-sustaining medications and artificial life support, such as
mechanical breathing machines, kidney dialysis treatment, and artificial nutrition and hydration. The term does not include the administration of pain management medication or the performance of a medical procedure considered to be necessary to provide comfort care, or any other medical care provided to alleviate a patient's
pain.

http://www.capitol.state.../hs.002.00.000166.00.htm

And they're trying to bullshit people that it's not political. These people are sick and they make me sick to my stomach. You guys are f**cked for the next four years unless someone comes up with a great idea! I'm so upset! I gotta go for a walk.

Interestingly, according to the ABC poll the interference in the Schiavos' affairs isn't particularly popular even with the right wing simulacrum-of-Jesus freaks. How much is this horror being driven by the Bushist lust for power and violence, with the political "advantages" a mere rationalization? Except maybe in that a general civic condition of power-lust and violence work politically to the advantage of the Bushist Arbeiterspartei.

Mixter has it right! These politicians don't care very much about this unfortunate woman.

Some NeoCon engineers saw this as an opportunity for the conservatives to appear pro-life, an opportunity to politicize a sensitive family issue, that has been dragged through the courts for over ten years. This is about setting themselves up for future votes, plain and simple, because it's in the headlines.

People often do base their votes on one issue; the NeoCons live by this. It's about getting us to vote to keep their Corporatist policies coming at us (Social Security privatization, changing the bankruptcy laws, the tax burden being placed on the middle-to-lower classes, letting oil corporation shills set the tone for our foreign policy - the list is going to get longer and longer!), behind a smokescreen of social issues that play to people's intolerance, greed, narrow-mindedness, and religious bias. This time they're playing to our compassion. Tom DeLay, Compassionate? Oh, Please!!!

I, personally, would like to see her parents be given the right to take care of her, since it means so much to them........but, this is not what this is all about, as far as congress is concerned. There are so many cases like this that it's breath-taking. Terri's in the news! This is about gathering headlines that will translate into votes.

This is brilliant! Think we can get any Dems interested in sponsoring the bill?

The GOP just guaranteed every American universal health coverage

So, the Repubs. are wasting their time on baseball steroids and interfering in the personal lives of people. While they were focussed on Monica Lewinsky for two years, they neglected the important affairs of the country; consequently, 9/11. Not that anyone wants any more disasters to happen. But on the other hand, the more they mess things up, the better chance to get them out of office. They think their distractions are clever, and the American people are fools...not so.

Peggy #15

I'm starting to believe that many Americans are fools. That is the only explanation left to me as I watch the world being turned upside down. We have truly passed through the looking glass.

Terry Schiavo has been reduced to a Republican talking point, a mule to carry their agenda. I was listening on NPR today about the Republican memo that Cheryl links to in #11, and when confronted with it's existence, the neocon panelist just blew it off saying that it could have come from anywhere, basically implying that it could be a Democratic forgery. The sick part is that his statement was allowed to stand, unchallenged. What the Fuck has happened in this country when Republicans can run around casually spewing outright lies and misinformation with inpunity? I mean it's almost like someone slipped us some bad acid (poor analogy) and we're all off on some unreal psychotic trip.

The audio clip they ran of Bush all day saying how we always need to err on the side of life in difficult decisions, has got to be the all time most hypocritical statement that I've ever heard, coming from someone who as Governor of Texas signed into law the exact opposite opinion, and who led the country by far in death penalties carried out.

O.K. guys, I'm ready for someone to give me the antidote already. There is an antidote to all this isn't there?

Super,
I come from the 70's and even a bad acid trip wasn't as unreal as this!

Supersoling #16, Cheryl #17 - Are you telling me this whole administration isn't a flashback? Damn, I've been waiting for one of those, never had one and they were sort of promised to us in all the anti-drug films. I've been GYPPED *L*

Sorry, kinda silly right now, brain's on auto-pilot, not enough sleep time between bedtime and sunrise. And, as Dudley Moore said in "Arthur", "Sometimes I just think funny things"

Supersoling #16 - I don't have an antidote, but I have a porch swing and a creek...I think it's what's saving my sanity these days (relatively speaking, of course

Peggy #15 - I think some folks will always believe whatever they're spoonfed by the media - they almost HAVE to. Besides the fact that many don't have access to the 'net, the general public simply couldn't handle the kind of cognitive dissonance this kind of reality would cause - after all, it's been a long strange trip on that yellow brick road, much easier to just keep ignoring the guy behind the curtain and hoping he'll grant them courage to stand up to those big bad liberal flyin monkeys.

This is worse than a bad trip - this is for REAL.

Cheryl #11, 17,
Supersoling #16,

You know the truly SICK part of that Texas legislation? If a man with all his marbles has a terminal illness, requires procedures to stay alive, but has exhausted his financial resources, a Texas medical facility can say, "OK, guy, you have ten days to find another facility willing to care for you or we pull the plug." Doesn't that sound like licensed murder to you? Gangland extortion style?

There's a case pending now.

The Constitution's done for when the Cons can con CONgress into overriding the Supreme Court and at the same time condone negligent homicide in a state - because B*** signed in into law.

Where does an American go from here?

Hi, Kes #18 -

You stole my number. I don't know about bad trips, but I do know that NOTHING could be more terrifyingly surreal than this country in March, 2001.

Oh, yes. Maybe I do. I was in a coma for a month just before my nineteenth birthday - subdural hematoma from a car accident. I remember what it felt like, "terrifyingly surreal."

One could perhaps make the point that the democratic party is in a persisitant vegetative state. Pehaps we could petition congress to pull their collective plugs and then shove each and every one of their fingers into the socket. Maybe that'll wake them up to the blatent raping of anything resembling political sanity in the past 5 years. The neocons have managed once again to take this political issue, turn it into a football and run with it....

I can't belive this! Surly, nobody with more than two brain cells working would believe this crap!

"This is a complex case with serious issues," Bush said. "But in extraordinary circumstances like this, it is wise to always err on the side of life."

This, from the murderer who presided over more deaths as Govenor than any other!!

And this disgusts me too!

"In the House, 47 Democrats joined 156 Republicans in voting for the bill following more than three hours of passionate debate."

Yeah... like saying "We can't be bothered on the real issues, they are too hard! So let's pich an easy one to exploit and look like we are doing something!"

You know... The more I see this kind of garbage... the more I am coming to think that America has the Gov't it really deserves!

Our fearless leader: Defender of Life or Erring on the Side of Killing Retards?

Mixter

Thanks Mixter, I was going to search for some of that when I got over being pissed! You saved me the trouble... Thanks.

Hopefully, we'll get to agree on something much more positive soon! I sure hope so!

#19

Peg C said: "Where does an American go from here?"

I think we should all hightail it to Kestrel's porch :O)

I'm listening, I'm watching, I'm seeing all these things happen right before my own eyes. I look into the faces and eyes of everyday strangers on the street who seem to go about their business as if nothing is wrong, and I can't get my mind around the apathy that I'm witnessing. It's beginning to feel like a mass death in the family to me.

I'm trying so hard to fight the sickening, creeping feeling that I am witnessing the death of my country. Dredd, where's the bridge?

This whole episode just makes me wanna go postal!!!!

The tactics are so obvious and only the bloggers and real liberal media are covering this correctly.

This fraud doctor is being trotted out without being questioned. He's the fucker that made the claim that it was Michael who strangled her rather than her Bulimia that caused the heart attack.

They're going after Michael Schiavo's devotion to his wedding vows (I wonder which of his interns Tom Delay is fucking)

The MSM ignores the other instances of the plug being pulled for thousands of other people.

And no one in the MSM has the balls to point out Dubya gave hospitals the right to end a life over the objections of the family if the insurance couldn't cover the costs.

I wish I could hold every single employee @ Fox news's eyes open a la' A Clockwork Orange and force them to watch all the shit they refuse to acknowledge until their brains melt.

Anyone who might yet think that this action by President G. W. Bush, should read this chapter of a Texas State statute enacted by then Gov. G.W. Bush (especially, section 166.039 therof):

http://www.capitol.state.../hs.002.00.000166.00.htm

Hypocrit doesn't even begin to cover it!

They're just fucking with our heads and everybody's falling for it. Another shock and awe crisis. I'm through with it. I've got better things to do.

If we don't quit jumping everytime they snap their fingers, then we deserve what we've got.

For god's sake.. this was not an emergency. This did not need an 11th hour session and signing. The asshole didn't run to the White House when the Twin Towers blew. Jesus God!

When will we cut him down to size? It's all so obvious and it's getting old.

The problem Teresa is that these "shock and awe" crises that they keep creating are having real consequences, they are ending the lives of real Iraqi citizens and real American military sevice members. The changes they are forcing on our country are radical and deadly. I'm not running around saying the sky is falling, I'm expressing dismay and outrage at the crimes being perpetrated against all of us.

*BREAKING NEWS*
Just heard the the judge ruled against re-inserting Terri Schiavo's feeding tube. I wonder what Bush will do next? Something extraordinary and radical I'm sure.

Supersoling, yes, some are serious. But we should start making the distinction, don't you think? We all knew what the ruling would be, didn't we? All the drama was senseless. A distraction from the more serious issues.

These crimes have been going on since time immemorial. They are maybe more exposed now.
We have to stick up for ourselves, and not act like beaten animals.
It's ultimately in our hands.

Well, come to think about it, maybe a little weekend crisis IS better than attacking an unarmed country, or some such thing.

Supersoling #31, I don't think the court has ruled yet.

Here is the link to the district court's web page. Click on Notable Cases on the menu to the left side of the screen, and it will take you to T. Schiavo (and other notable) decisions.

The case is Schiavo v Schiavo, Case # 8:05-CV-530-T-27TBM.

This case is being confused with Schiavo v Green which is the earlier case from last friday (3/18/05) to which congress was responding to allow the case to be brought in federal court. There is a link to the earlier case in post #1.

Raw Story ran a breaking news earlier that the court had ruled to reinstate the tube ... but it was a false alarm from a TV station confusing the cases.

As of the moment the decision is still pending.

Supersoling #31 I just turned on the TV and you are right. The report is that there is a decision in the case.

I guess they just haven't put it on the site yet.

The court is being slow to post the decision, so this link has the text of the decision.

The MSM is making a big deal out of it calling the starving a helpless person case.

RE: post #1 I pointed out that "the court will also consider whether or not the plaintiffs can eventually prevail on the merits. If he thinks so, then the injunction will issue, but if not he cannot issue the injunction under Federal Civil Rule 65."

The court stated "A district court may grant a preliminary injunction only if the moving party shows that ... it has a substantial likelihood of success on the merits" and went on to conclude "Plaintiff has not established a substantial likelihood of success on the merits of the claims"

The proceedings were under Rule 65 of the Federal Rules of Civil Proceedure.

The court held that no matter how many hearings, trials, and shenanigans are tried, the underlying facts of the case, developed over 15 years, and looked at by 20 courts, will not change.

The lady's cognitive brain was destroyed a decade and a half ago, intense treatments failed, and the doctors (2 for parents, 2 for the husband, and one for the court) all came to the same conclusion that she was in a vegatative state.

Tom DeLay is trying to use this to cover up his unethical behavior which is just more unethical and foul political behavior.

She must be able to go in peace.

I couldn't believe CNN last night - they had a piece on a woman who had once been in a coma, and who had had her feeding tube removed as part of her treatment. She was talking about what that was like for her, saying that she was aware of what was happening but unable to communicate, and she was suffering immensely from thirst and hunger. It was a very moving story, but HAD NOTHING WHATSOEVER TO DO WITH TERRI SCHIAVO, who has nothing but liquid where her cerebral cortex used to be.

Cuthbert Calculus #38 The only thing that is being accomplished by this political movement is to keep the country divided.

One thing that is escaping everyone on the God side of the equation; those saying it is God's will to keep her "alive", is that God must be very weak indeed if nothing has been done in 15 years of prayer and frantic preaching on this matter.

I mean who has the power to heal in their belief system? The courts? The parents?

No. In their belief system God is the only one with the power to heal, so why is eveyone but God being "blamed"?

Rank hypocrazy.

The spiritual adviser of the parents did a scathing condemnation of the courts in a news briefing a short while ago.

He said Mary the mother of Terri is like Mary the mother of Jesus during the crucifixion week and Terri is like Christ and the Courts are unjust like the Courts that condemned Christ.

What are they praying? Could it be:

"God we have asked you for 15 years now to heal Terri, but you have not done so.

Please perpetuate her abhorrent condition we like to call life."

Where are their senses?

Uhhhg and yuck -

These frames of sanctimonious half-wits "praying" are sick-making. A real prayer is an intense conversation with your own self or spirit, "the God within," not a one-dimensional posture of piety. That's just self-indulgent *****.

Uhmm . . Yeah "We republicans are for less big government."

1. Bump Class Action to Federal Court
2. Meet in the middle of the night to have Congress pass a bill and have the Dark Chimp Lord fly in from yet another vacation, to keep a woman alive that has been braindead and non responsive for 15 years. and the Chimporer did not jump a plane when the towers were hit?

WTF??

WTF?? When are people going to rise up against this crap?

I don't mean to be radical but hey, we are only 2 and a half months in and look at the crap that has come to pass.

If it were not so damn scary, I would look forward to seeing what the "GoPee" grandstanding smoke and mirrors story of the day is. If it were not so scary it would be funny.

Terry had Bullemia (how she got in the state she is in), I doubt she would want, IF she could even think, a a cheeseburger or to be fed.

Regarding Living Wills -

According to a friend who works in a hospital, any document signed under the influence of narcotics (such as pain medication given in a hospital emergency room) could be easily declared null and void.

Therefore, if you have EVER signed one under those circumstances, you need to sign another one, while you are healthy and not under any physical or emotional stress, IF you want to be sure it'll hold up in court. You should keep a copy and give copies to several family members. It probably wouldn't hurt to carry a copy in your glovebox and/or wallet.

And if you have never signed one at all, please do. Don't leave it to your family to have to make those decisions - when the time comes, even if they know what you wanted, they may not be strong enough to let go.

This has been a public service announcement. We will now return you to your regularly scheduled thread.

The Nashua Advocate has one of the best commentaries I've read on this Schiavo desecration.

For a free living will form (and other legal forms)

http://la-legal.com/forms.htm

Kes! You stole my number again! This is getting to be a habit...

And again!

So, tell me something...

If the Bushmonkey cares so much about the life of someone on lifesupports, in this case, someone who has been on life support for about 15 years without any signs of recovery, then WHY didn't that same *caring* a*hole prevent a hospital from terminating a 6mth old baby who was on life support, but who was conscious??

http://www.chron.com/cs/...mpl/metropolitan/3084934

Peg C, if you are reading this... I take back what I said the other day. I truly hope someone puts a bullet in the head of this totally corrupt and evil SOB!! And the other SOB's with him!! Too bad I am not in the USA right now... I trained as a sniper, I'd be HAPPY to take a shot! (Pun intended, and my hit score was VERY high!) You can say what you like, that *IS* your right, just as it's mine! The Gov't trained me, and I took an oath:

"I, ****** , having been appointed an officer in the Army of the United States, as indicated above in the grade of ****** do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God."

Right now, GWB is a *VERY* lucky SOB! :

BTW, that is the original Oath for Commissioned Officers, it was amended around the time of the Vietnam War to prevent Officers from questioning the President! How convenient...

jpentz #42

The cheeseburger comment is too funny! Hah!

I guess you can't make yourself barf up the contents of a feeding tube? Maybe they should have thought of this before she went veggie...

Mixter

Peg C #44 Here is a link which shows there are about 10,000 Terri's in the US alone.

So when preacher DeLay wants to blurt out a phony tear jerker, why did he not apply the law equally if it is such a good thing?

If we believe his story he is allowing 9,999 others to die without any help, which violates equal protection of the law.

The truth of the matter is that bushit has prevailed to once again soil the record and project hypocrisy into the MSM to cover up the reality. They just can't help themselves from being perverted politicians.

The article also says 18 doctors agreed that her brain was not like those in a coma. It is beyond that and beyond recovery.

Supersoling # "Dredd, where's the bridge?"

The opinion and decision of the Federal District Court, Middle District of Florida, has finally been posted on the official website (link here).

They just showed the portions of the Schaivo tapes on CNN no Repulican News dare show. A doctor claps his hands and Terri doesn't respond. He shines a flashlight in Terri's eyes and they don't respond.

I wonder if this is what Bill "Sweat can give you Aids" Frist saw?

Jaime #51 I think Frist saw the matter as easy money. If the patient pays the medical bills while in a vegetative state profits go up.

There is no risk of malpractice (which has been the burr in his saddle from day one) cause the patient has already been ruled to be vegetative.

Its like plugging an ATM straight into the medical profession's bank account.

In Texas Bush signed a bill that became law which says the hospital can pull the plug when the money runs out. They are so transparent and phony.

The 11th Circuit Federal Court of Appeals has upheld the decision of the Federal District Court, Middle District of Florida.

The vote was 2-1. The parents can ask for a re-hearing en banc (full court) or petition the US Supreme Court for a writ of certiorari.

11th Circuit decision here

District Court decision here

Senate majority leader Frist has had no problem pulling the plug on his patients in the past.

But Frist will advocate not pulling the plug in political defiance of his specialist colleagues after doing no more than a drive-by diagnosis in a special field he is not qualified in (link here).

The news is reporting that the Federal 11th Circuit Court of Appeals declined to re-hear en banc the Schiavo decision yesterday by its 3-judge panel (post #53).

This means they now only have the US Supreme Court to ask for a writ of certiorari.

Justice Kennedy has say over a TRO in that court but he has generally posed the question to the full court on these type matters.

The Daily Show:

Can you say "SLEAZY HYPOCRITICAL BOTTOM FEEDING OPPORTUNIST?"

Tom DeLay finds parallels between his case and Terry Shiavo's

The 11th Circuit's opinion by a vote of 10-2 denied the motion for a re-hearing en banc (link here).

I heard that Jeb Bush is trying to get a new Florida emergency law passed based on one doctor's opinion who only did a "drive-by diagnosis" and did not actually see T. Schiavo in person.

I think that violates medical ethics for a doctor to give a diagnosis without having seen the patient and 8 (or 18?) other doctors who have seen her have a different opinion.

They may be trying that if the US Supreme Court does not order the food tube reinserted.

All they seem to know is power trips. When will they just let it go so she can go in peace.

And when will the MSM stop trying to sensationalize this one case and leave out the 10,000 other cases?

It appears that someone is getting the "death penalty" on "hearsay." If she were a starving horse, someone would go to jail for not feeding it.

Terry's husband never mentioned she didn't want to be in that condition for three years until he got 300,000 for himself and 700,000 for her medical care. He only has $50,000 left of the $700,000.

I think if her parents want her to live and are willing to except the financial burden, then they ought to be able to.

A Living Will would have taken care of all of this.

I don' trust him being that he has two kids from another woman and has not divorced his wife. He must be waiting for some life insurance.

Paul #59 Are you aware of the timeline in these matters?

1) When did Terri's vegetative state begin.

2) How many years did she receive therapy thereafter

3) What responses were there

4) When is Terri's husband alleged to have had children with another woman (e.g. their ages)?

5) Why would you overturn nearly 300 years or so of law that spouses have the say when parental rights terminate at marriage? (Once a person is married they are not parented any more).

6) He has a right to life insurance. Everyone else does too.

7) Show if you are unbiased or not by giving your opinion on living wills (does an individual have a right not to be kept "alive" after the brain works no longer or other incapacitating events take place)?

A "Living Will" will state the wishes of a person in detail as to whether they want to be on a machine or not and for whatever reasons to let them live or die (pull the plug).

Think of this scenario -

I put my wife in a vegetative state. And I get away with it. The authorities can never prove that I did it. So, all I have to do now is "say" that my wife does not want to be a vegetable and pull the plug?

I do not buy the argument about the Death Penalty and Bush because the Death Penalty is for murderers, non-innocent people. One would never put someone on Death Row for "hearsay."

Again, if the parents want to take care of her, let them. He can divorce her and marry his live-in partner. I think he wants the insurance money and cannot divorce her until he gets it.

Your evasion of the question qualifies you for a high up political position. You are a what if kinda poster.

Avoid the issue, avoid the facts, put up a smoke screen of what ifs, and demand to be right at the same time?

What are you afraid of? Don't you think the truth is going to make you free?

BTW he turned down a million dollars and you can be sure the insurance money is not that much.

He is keeping the law which has existed hundreds of years ... the same as it was when the forefathers wrote the constitution. What is wrong with keeping the law?

Michael Schiavo says there is NO life insurance.

So much for that theory...

Mixter

Mixter #63 Those casting aspersions on him haven't followed the case in depth.

The plastic buzz bytes of the MSM have not educated folk to the real facts.

So the bulk of it is tear-jerk fantasy of the tabloid journalism type.

He tried feverisly at first via expert doctors to do some treatment that would spark recovery. That did not work and the reality eventually was grasped - she was not coming back nor could she.

So he chose to let her go in peace and dignity.

The Amended Motion for a TRO was denied by the Federal District Court, Middle District of Florida, today. Opinion here.

Note that Tom DeLay, neoCON, let his own father die the same way Terri is going to.

Only thing is, no therapy, etc. was done and no waiting for 15 years. He agreed and they pulled the plug on his own father in only a few months.

But when others try to do it - and DeLay needs some cover for his crooked schemes - he calls it barbaric.

Will the true Tom DeLay ever stand up and read the news?

The poll is irrelevant and should be thrown out. The question wasn't objective and was leading towards one side.

Results:

The public, by 63 percent-28 percent, supports the removal of Schiavo's feeding tube.

Question:

Schiavo suffered brain damage and has been on life support for 15 years. Doctors say she has no consciousness and her condition is irreversible. Her husband and her parents disagree about whether she would have wanted to be kept alive. Florida courts have sided with the husband and her feeding tube was removed on Friday.

What’s your opinion on this case - do you support or oppose the decision to remove Schiavo’s feeding tube? Do you support/oppose it strongly or somewhat?

A very skewed question. Terri has never been on life support. The only medical treatment Terri received for the past five years has been food and water through a feeding tube, which is nothing at all like artificial life support. Artificial life support consists of ventilation for people unable to breathe on their own. She wasn't a unique case, as there are over 200,000 Americans who depend on feeding tubes currently. The question sets up a strawman argument that so completely contradicts reality that the entire poll must be considered invalid. To debate the results of the poll is pointless, as the results don't coincide with the issue of the Terri decision in the public’s opinion.

The poll is irrelevant and should be thrown out. The question wasn't objective and was leading towards one side.

Results:

The public, by 63 percent-28 percent, supports the removal of Schiavo's feeding tube.

Question:

Schiavo suffered brain damage and has been on life support for 15 years. Doctors say she has no consciousness and her condition is irreversible. Her husband and her parents disagree about whether she would have wanted to be kept alive. Florida courts have sided with the husband and her feeding tube was removed on Friday.

What’s your opinion on this case - do you support or oppose the decision to remove Schiavo’s feeding tube? Do you support/oppose it strongly or somewhat?

A very skewed question. Terri has never been on life support. The only medical treatment Terri received for the past five years has been food and water through a feeding tube, which is nothing at all like artificial life support. Artificial life support consists of ventilation for people unable to breathe on their own. She wasn't a unique case, as there are over 200,000 Americans who depend on feeding tubes currently. The question sets up a strawman argument that so completely contradicts reality that the entire poll must be considered invalid. To debate the results of the poll is pointless, as the results don't coincide with the issue of the Terri decision in the public’s opinion.

My sister, Andrea Clark, has been given ten days to live by St. Luke's Episcopal Hospital in Houston Texas, because of the Texas Futile Care Law. Most people are shocked to find that a patient that is cognizant and can express her wishes can be disconnected from life support simply because the doctor and the ethicist decide that caring for her medically is "futile." My sister is very frightened and so is our family. This law is a license to murder.

I don know but why i don find such informative and profitable blogs so often,I suspect blogging world is becoming so small that we cant find such lucrative blogs like this one.