Mary, who do you think is using this case for their political agenda?
I wonder if anyone can offer any serious insight to her parents’ delusions. Do they honestly think Terri is interacting with them, or is there something more sinister going on?
Oh, and Hippocratic Oafs. I love it.
That’s only what it sounds like if you listen to it straight. When you play it in reverse, she’s clearly saying “All Hail Lord Satan!” over and over! :eek:
Congress’s attempt at shoehorning this bill into the realm of constitutionality stems from its authority to do two things: (1) determine the jurisdiction of the lower federal courts, and (2) provide what are known as “private relief bills,” or bills which are narrowly tailored to solve a specific individual’s problem with the federal government or some matter arising under federal law or the US Constitution.
A little history first: Article III, Sec.'s 1 and 2 establish Congress’s authority to determine which matters may be heard by a federal court. It has been a bedrock principle of federalism and a long-standing jurisprudential tradition in the United States that a federal court will not interfere with the determination of a state’s highest court on a matter arising under that state’s own laws or that state’s own constitution. In Terri Schiavo’s case, the federal courts, inlcuding the SCOTUS, had (until recently) refused to hear the matter on the grounds that the issue was one of Florida law, and had been properly decided by Florida’s highest court.
Enter the private relief bill. What Congress has done in this case is draft a narrowly-tailored measure granting the Schindlers permission to seek a factual review of the matter in federal district court, establishing that federal court’s jurisdiction solely for the purpose of hearing arguments as to whether or not Terri Schiavo’s federal constitutional rights have been violated at any point in the last 15 years.
IMO, it’s a gross exploitation of the sacrosanct principle of federalism, but it’s probably constitutional. Ironically, I’m betting the federal court determines that there hasn’t been any constitutional violations (Terri has, after all, received more due process than just about any right-to-die patient in history) and allows her to die.
guy_incognito, esq.
The first quote addressed in my last post was from DoctorJ.
My congresscritter also voted “no”—indicating that contrary to all previous evidence, he may actually have a vestigial spine.
As for the GOP, I think they know exactly what they’re doing. The measure passes, it gets challenged, it gets thrown out on its ass. And why does it get thrown out? Not because it’s asinine on the face of it. No sir! It’s all because of [cue scary music] activist judges! Yep, gotta get rid of them left-leaning activist judges! Hey, with any luck we can drag this out till we can use it as an issue in 2006!*
And meanwhile the knuckledragging element of the Religious Right (a rather small percentage, but the one that gets a vastly disproportionate share of the attention) is whipped up to an unprecedented froth.
*I sincerely hope that if this happens it will backfire all over them, but I’ve given up expecting the rules of cause&effect to hold sway in matters political.
I would posit that the knuckledragging element is the Religious Right (as opposed to merely being religious); as I understand it, the Religious Right supports creationism, supports anti-gay legislation, opposes federally funded biotech research, and is now perpetrating the Schiavo nonsense and violating their self-proclaimed role as the proponents of “the sanctity of marriage.” I call that knuckledragging.
And everyone says that the Religious Right is a tiny minority in A) the GOP and B) the church-going population. Would somebody please provide some hard data on this? I’ve always gone on the assumption that the GOP and the religious element were earnest, albeit vicious, in their programs. If the non-RR numbers are significantly larger than the RR proportion of the GOP, then the GOP are either cynical opportunists playing these causes for political gain while secretly not believing in them or they are a sack of pussies being bossed about by a vocal minority.
I totally agree. I no longer recognize my own country–but this has been going on for me since 2000, so I am kinda numb to it now.
gobear --I love this and completely agree with it!
“the GOP are either cynical opportunists playing these causes for political gain while secretly not believing in them or they are a sack of pussies being bossed about by a vocal minority.”
I think it’s both–some are that cynical, absolutely–and some are so whipped its’ pathetic. Kinda hard not to be when the mighty ones basically tell you–vote a straight party line or your next election cycle will not be funded by the GOP. See Peter Fitzgerald(IL) and some guy in Ohio as evidence.
Love the Hippocratic oaf remark…I’ve known some in my time, but Frist is in a class by himself. My dad (OB/Neonatal pathologist) literally foams at the mouth at the mention of Frist’s name…holiday dinners can get messy!
I once heard a variation of this “term on endearment” on The Cosby Show. There it was “Hypocritic Oaf.”
It’s almost a pity we won’t get to hear her testify before Congress.
The only relevant differences between the federal government and state/local governments are: 1)the former is further removed (and thus less informed) and 2)the former is on a more prominent stage (and thus more prone to grandstanding). Both of these factors make it stupider, not wiser.
The snarkiness was elicited by amazement that someone could write that the folly and ignorance of the Teeming Millions at one level of elected government would somehow vanish when the same Teeming Millions elect a different level of government.
From CNN:
Bob Schindler said he visited his daughter Monday in the Pinellas Park, Florida, hospice where she is a patient.
“I asked her if she was ready to take a little ride, and I told her that we were going to take her for a little trip and take her outside and get her some breakfast, and that got a big smile out of her face, so help me God,” Schindler said.
Yikes.
I think her parents are in greater need of medical attention then she is.
If you really want to know, a doctor with a flashlight and rubber gloves can show you.
I’ll also wager that the Law of Unintended Consequences will rear its unexpected head, when death row convicts start petitioning for federal review of their cases on the basis of this law. Congress just shit on states rights, and it will become virtually impossible to execute death row inmates without involving the federal courts. Come to think of it, that’s not a bad thing from my perspective, but it will serve to clog our courts even more than they already are.
A federal judge will hear the case this afternoon.
That’s a little harsh. I think their grasping for any signs of their daughter’s mind is all but expected.
Plus, it’s very easy for the human mind to forget about all the times there was no response, and only remember the times a coincidental smile or whatever happened to come at the right time.
We shouldn’t be too judemental of these folks, I think a lot if not most people would make the same mistake they are making.
It may be expected but it’s not realistic. They are harming their daughter by not being realistic. She has no hope of recovery. Pretending that her random gestures and moans have meaning is not going to change that.
This just in: The case has been assigned to a federal judge by the name of Whitemore (or Whitmore, it went by so fast) who was appointed by President Clinton in 1999. As all good redstaters know, any judge appointed by Clinton is a scoundrel ‘activist’, so it is likely the Shiavo case will end without reinstating the feeding tube, and she will be allowed to die without further interference. The Pubbies will have to find some other underhanded scheme to promote their political agenda.
IMO, this IS their underhanded scheme.
And the next ploy will be to use said judge as an example of the horrible evil that “activist” judges can do.
I mean, we all know that Clinton is evil incarnate and so no choice of his would be on the side of Life, and of Right, er-right?
This is a slam dunk for the Reps, no matter the outcome–I expect to see Whitmore’s (sp?) name in flames on all election literature used to incite the base come '06. I bet he’s a Democrat–add more pitch to the fire.
I have 2 questions:
- Why do the neo-cons always need an enemy?
and
- When will the neo-cons stop twisting stories to suit their purposes? (ok, #2 is a stupid question).
This is OT, but the latest edition of the New Yorker has a great article about the school district in California that was accused of refusing to allow the Declaration of Independence to be taught d/t it’s references to the Creator etc. Turns out it’s all hooey, but throw enough shit, and it sticks…
The judge’s name is James D. Whittemore. He was, as Fear Itself says, nominated in 1999.
He sits in the United States District Court, Middle District of Florida.
That court’s notable cases, including the Schiavo case, can be found here.