Terri Schaivo:More Thoughts
So, the battle lines are drawn. Essentially, religious and traditional right wing groups stating that Terri must be allowed to live, and traditional left wing groups saying it's time for her to go.
The lifers are certainly the most vocal component in this debate. All I know about the deathers is that they're out there and they're pissing off the lifers, as the courts continuously rule in their favor.
There's the criminal law/constitutional law argument raised by the lifers: The lifers contend that even a criminal gets more due process than Terri, and criminals even get their own lawyer. That certainly is criminal law - the accused gets an opportunity to be heard, and gets competent representation. The US Constitution places limits on the government, more specifically the Federal government.
However, this isn't a criminal case, as no crime has been committed. This is a case of guardianship and medical power of attorney, State issues as opposed to Federal issues. Under Florida law, it appears that in cases where there's a surviving spouse in a marriage, that spouse makes medical decisions for an incapacitated spouse.
This is also not a US Constitutional case, as the Federal Government isn't trying to do anything.
If the Schindler's lawyer really did try to advance on these grounds, he's most likely milking them for fees. If he's doing this for free, then the Schindlers certainly got their moneys worth.
Mr. Schiavo decided to have medical support removed from his wife. He's within his rights to do so as Terri's guardian. No court in the country is about to mess around with state law, definitely not the Florida courts, and its a stretch to think the Federal courts even have proper jurisdiction.
Going to the US Congress and Federal courts was a monumental waste of time. Neither has jurisdiction over the issue. The Schindlers should have gone to the Florida Legislature and had them pass a "Terri's Law" that states something like: Should the guardian spouse of the incapacitated spouse wish to remove support from the incapacitated spouse, the parents or siblings of the incapacitated spouse may assume legal guardianship over the incapacitated spouse, relieving the guardian spouse of any and all past, future and present financial obligations regarding the care of the incapacitated spouse.
Then there's the religious argument - Only God has the right to decide who lives or dies. What about the execution of criminals? If only God can decide who lives or dies, then it's clear that execution of criminals is wrong.
Then ther are biblical passages such as Romans 13:1,2
"Every person is to be in subjection to the governing authorities For there is no authority except from God, and those which exist are established by God.
Therefore whoever resists authority has opposed the ordinance of God; and they who have opposed will receive condemnation upon themselves."
I'm not a Christian or biblical scholar. However, this quote from the Bible seems fairly clear. Here's the whole Chapter 13 of Romans for context.
So, even the Bible apparently requires submission to governing authorities, as they were established by God. The governing authorities say that Florida State Law applies, and thus the legal guardian has the authority to withdraw medical support.
Yes...this quote from Romans kills off my "we can't execute criminals" argument, but applying Romans to the execution of criminals but not to Terri is an inconsistent application. So...either we can't execute criminals and on the same grounds we must keep Terri alive, in each case ignoring the law and authorities, or, we can execute criminals and it is Mr. Schiavo's right as Terri's legal guardian to withhold medical treatment, allowing her to die, following the law and authorities.
How do I feel personally? Terri's parents want her to live, as she's their daughter. Hand over her care to them. What's the big fuss? Mr. Schiavo want his wife to rest in peace, and he has legal say-so over what happens. I don't know his reasons. Don't bother me unless you have facts.
The lifers are certainly the most vocal component in this debate. All I know about the deathers is that they're out there and they're pissing off the lifers, as the courts continuously rule in their favor.
There's the criminal law/constitutional law argument raised by the lifers: The lifers contend that even a criminal gets more due process than Terri, and criminals even get their own lawyer. That certainly is criminal law - the accused gets an opportunity to be heard, and gets competent representation. The US Constitution places limits on the government, more specifically the Federal government.
However, this isn't a criminal case, as no crime has been committed. This is a case of guardianship and medical power of attorney, State issues as opposed to Federal issues. Under Florida law, it appears that in cases where there's a surviving spouse in a marriage, that spouse makes medical decisions for an incapacitated spouse.
This is also not a US Constitutional case, as the Federal Government isn't trying to do anything.
If the Schindler's lawyer really did try to advance on these grounds, he's most likely milking them for fees. If he's doing this for free, then the Schindlers certainly got their moneys worth.
Mr. Schiavo decided to have medical support removed from his wife. He's within his rights to do so as Terri's guardian. No court in the country is about to mess around with state law, definitely not the Florida courts, and its a stretch to think the Federal courts even have proper jurisdiction.
Going to the US Congress and Federal courts was a monumental waste of time. Neither has jurisdiction over the issue. The Schindlers should have gone to the Florida Legislature and had them pass a "Terri's Law" that states something like: Should the guardian spouse of the incapacitated spouse wish to remove support from the incapacitated spouse, the parents or siblings of the incapacitated spouse may assume legal guardianship over the incapacitated spouse, relieving the guardian spouse of any and all past, future and present financial obligations regarding the care of the incapacitated spouse.
Then there's the religious argument - Only God has the right to decide who lives or dies. What about the execution of criminals? If only God can decide who lives or dies, then it's clear that execution of criminals is wrong.
Then ther are biblical passages such as Romans 13:1,2
"Every person is to be in subjection to the governing authorities For there is no authority except from God, and those which exist are established by God.
Therefore whoever resists authority has opposed the ordinance of God; and they who have opposed will receive condemnation upon themselves."
I'm not a Christian or biblical scholar. However, this quote from the Bible seems fairly clear. Here's the whole Chapter 13 of Romans for context.
So, even the Bible apparently requires submission to governing authorities, as they were established by God. The governing authorities say that Florida State Law applies, and thus the legal guardian has the authority to withdraw medical support.
Yes...this quote from Romans kills off my "we can't execute criminals" argument, but applying Romans to the execution of criminals but not to Terri is an inconsistent application. So...either we can't execute criminals and on the same grounds we must keep Terri alive, in each case ignoring the law and authorities, or, we can execute criminals and it is Mr. Schiavo's right as Terri's legal guardian to withhold medical treatment, allowing her to die, following the law and authorities.
How do I feel personally? Terri's parents want her to live, as she's their daughter. Hand over her care to them. What's the big fuss? Mr. Schiavo want his wife to rest in peace, and he has legal say-so over what happens. I don't know his reasons. Don't bother me unless you have facts.
posted by cookies at 6:35 AM
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