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WP Editorial: The Schiavo Case

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kskiska Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 02:39 AM
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WP Editorial: The Schiavo Case
Apparently, this was written before Congress' latest "subpoena stunt."

CONGRESS DOES NOT generally smile these days on the power of the federal courts to review alleged constitutional errors by state courts. In 1996 it imposed significant procedural barriers for inmates who want their claims examined -- even inmates who might face execution and those who might be innocent. The idea was that the national government should defer to state courts and not seek to micromanage their justice systems -- even in matters of life and death. Except, apparently, in the case of Terri Schiavo, the Florida woman in a persistent vegetative state whom the Florida courts, after careful consideration, decided would not want to live under such circumstances. …

(snip)

Both bills make a mockery of the professed conservative devotion to the sovereignty of states and the integrity of their courts. There is no great constitutional question to litigate here. Nonetheless, the broader House bill would create endless opportunities to involve the federal courts in heart-rending end-of-life struggles within families. And the Senate bill is nothing more than a warrantless intervention by the national legislature in a specific case that -- no matter how much members might dislike the result -- is no business of Congress. Yet Virginia Sen. George Allen (R) declared in a statement yesterday that he supports federal court review because, whatever the courts may have said, "when I see the videotapes of Terry Schiavo, it is clear she is conscious and has feelings."

The message to state courts is that they can do as they will with accused criminals and rely on federal law to shield them from review, but Congress will pull out the stops to overturn rulings -- however local -- that members don't like. That's not how the federal system is supposed to work.

more…
http://www.washingtonpost.com/wp-dyn/articles/A45497-2005Mar17.html
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WildClarySage Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 02:45 AM
Response to Original message
1. well, if she is 'conscious and has feelings', maybe he should
ask her if she wants to live like that.
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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 02:48 AM
Response to Reply #1
2. Agreed. Let him ask her
Then let her husband testify that he was closer to her than the right wing governmental fanatics. Then let him ask why the government has more say than her husband does and, by the way, why is it the feds business?
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soothsayer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:11 AM
Response to Original message
3. this lady says she was in similar shape to terry (had her feeding
tube removed, said it was excrutiatingly painful)

http://www.katesjourney.com/
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Crandor Donating Member (320 posts) Send PM | Profile | Ignore Fri Mar-18-05 12:39 PM
Response to Reply #3
4. Where does it say that?
I don't see anywhere on that website where it says Kate has no brain any more. That's what's happened to Terri...
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