posted
The Florida Supreme Court overturned Terri's law which allowed Governor Bush to intervene and prevent life sustaining measures from being stopped. Here's a link to the story as found at The Terri Schiavo Foundation's web site Terri's Law
It's not stated in the article whether Governor Bush will appeal the decision to The U.S. Supreme Court.
I really don't know enough about the case, or Michael Schiavo's motives to have formed an educated opinion.
That's why I posted this. I'd like to hear from those Hatrackers more familiar with the case. I'd also like to hear from sn drake, Dagonee, and Hatrack's medical types.
What, exactly are the issues involved? What are the odds that the U.S. Supreme court will take the case if Governor Bush's lawyers file an appeal?
Posts: 4569 | Registered: Dec 2003
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posted
There's a longer thread on this where I posted the CNN story as well. As best I can figure, SCOTUS has no authority on this, because it was interpreting the Florida Constitution, not the U.S. Constitution. I'd have to read the decision to be sure, though.
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The article I read made it sound like Governor Bush had the option of appealing to SCOTUS. I wonder if he will?
Posts: 4569 | Registered: Dec 2003
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Did it mention SCOTUS or just additional steps? I didn't see the specific mention.
There might be due process case to be made on Terri's behalf, I supppose. I'm sure I could cobble together a colorable argument; his lawyers could certainly put together something pretty good.
quote:The state's high court unanimously ruled that the law violated the separation of powers clause in the state constitution and essentially allowed the state legislature to authorize Governor Jeb Bush to overturn a lower court decision ending Terri's life.
...
There was no word on whether attorneys for Governor Bush would appeal the decision to the U.S. Supreme Court. Also, the Florida Supreme Court left open the possibility that the case could be retried.
My prediction is that the reason there was no word was because there is no appeal of a state court interpretation of a state constitutional issue to SCOTUS. I think this is a case of ill-informed reporting.
Either the first paragraph I quoted gives an incomplete summary of the case or there is no chance it can be appealed.
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So, Michael Schiavo has won? Like I said in my first post, I'm not sure what's best for Terri. The thought that Michael Schiavo is doing this for other than altruistic reasons makes me sad. I don't know for sure that he is, but if so, I hope it comes back to bite him.
Posts: 4569 | Registered: Dec 2003
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not sure if this is the final round - there are legal proceedings about the guardianship itself. But it's quite possible that the order allows Michael Schiavo to order the tube removed even while that case is pending - in fact that is probably what he and his lawyer are counting on.
Had to churn a press release out today. Below is what I posted on the thread Dag referred to:
---yeah, it begins below this line--- Not unexpected, but still a lousy day.
The closing lines from the latest AP article might look familiar:
Florida Court Nixes Law Keeping Woman Alive
quote: -------------------------------------------------------------------------------- On the other side of the issue, the head of a disabled rights group called Not Dead Yet said the decision elevated the rights of the courts above the well-being of Terri Schiavo and thousands of other people with disabilities.
"If this can happen, it means really that people with cognitive disabilities are in terrible danger in our health care system," Diane Coleman said from Forest Park, Ill.
(What's missing here are Diane's intro remarks to the reporter. Something along the lines of: "if you can have a case like this, with parents fighting this every inch of the way, with such flimsy and conflicted evidence of a person's wishes, what does that mean for the rest of us?")
Posts: 4344 | Registered: Mar 2003
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posted
From what I have heard, since Terri is on a feeding tube, her death would not be a quick painless one. Furthermore, all her parents want to is take care of her theirselves. Michael claims that they wouldn't do a good job. It seems to me that if they don't do a good job, she'll die in a way no more painful than having the feeding tube removed. His reasons for wanting the feeding tube seem too suspicious to me. And while I can understand wanting to get on with his life, I wonder whether getting on with his life is taking precedence over doing the right thing with Terri.
Posts: 3446 | Registered: Jul 2002
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I'll write more tomorrow - but one of the things I do for my health and well-being is to avoid discussing my work stuff after I get out of work - I do my best not to think about it at all. Do some fluff threads, some KOL, and watch the DS9 on tape after Diane gets through watching her Highlanader episodes.
I didn't used to do that. But I also used to have a lot of trouble getting to sleep. I don't have much trouble sleeping since I started imposing that restriction on myself.
Posts: 4344 | Registered: Mar 2003
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What Dag said, Stephen. It's related to work. Besides, you're educating people like me who don't know enough about the case to discuss it intelligently.
I completely understand the need to get away from it when you're not at work. You need time to decompress and relax. I think we all do after work.
Posts: 4569 | Registered: Dec 2003
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sndrake -- I understand you not wanting to post on this thread because it is very near and dear to your heart and work-related, BUT I think it is very important that you do post here.
Not everyone here, especially newcomers, know of your work -- and since part of your work involves getting the word out and giving the "whole" story that many people don't get through the media, I hope you will continue to include us in your thoughts on cases like this.
Some people seem to be blessed with a simple "on" and "off" switch - they can discuss something that gets them firing on all jets and then just walk away, lie down and go to sleep.
I have a dimmer switch - If I let my mind go on this stuff at night, I'll be up until 3 in the morning - and still have to be up at 5:30 am or so.
I'll post more later - right now, I have to spend time with the press release and the fax machine. (Kinda looking forward to it - that part of the job is kinda mindless and routine, almost restful.)
Be happy to talk more later today and over the weekend. Posts: 4344 | Registered: Mar 2003
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I don't know for sure that he is, but if so, I hope it comes back to bite him.
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