It won't be the first time Congress has tried to pull off something like this -- that's what the Supreme Court is for, after all -- to knock 'em back in line... IF, that is, it will be performing its job... but the time factor in all this is a particularly horrible part of it.
But now we have one state legislature, one governor, one national legislature, and one president on record in favor of forcing medical care on a citizen. Over the objections of the person designated _by law_ to make medical decisions in case of incapacity....
Why did Terri’s husband get to make the decision about whether she should live or die?
Michael Schiavo did not make the decision to discontinue life-prolonging measures for Terri.
As Terri's husband, Michael has been her guardian and her surrogate decision-maker. By 1998, though -- eight years after the trauma that produced Terri's situation -- Michael and Terri's parents disagreed over the proper course for her.
Rather than make the decision himself, Michael followed a procedure permitted by Florida courts by which a surrogate such as Michael can petition a court, asking the court to act as the ward's surrogate and determine what the ward would decide to do. Michael did this, and based on statements Terri made to him and others, he took the position that Terri would not wish to continue life-prolonging measures. The Schindlers took the position that Terri would continue life-prolonging measures. Under this procedure, the trial court becomes the surrogate decision-maker, and that is what happened in this case.
The trial court in this case held a trial on the dispute. Both sides were given opportunities to present their views and the evidence supporting those views. Afterwards, the trial court determined that, even applying the "clear and convincing evidence" standard -- the highest burden of proof used in civil cases -- the evidence showed that Terri would not wish to continue life-prolonging measures.
Yep. And the congress/president are overriding that "person designated by law." Guess I should have made it clear that "person" was "judge" rather than "husband."
But rants lose impact if you make sure you cover all the bases.
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timeasmymeasure
no subject
Date: 2005-03-21 08:06 am (UTC)no subject
Date: 2005-03-21 08:13 am (UTC)no subject
Date: 2005-03-21 12:07 pm (UTC)But now we have one state legislature, one governor, one national legislature, and one president on record in favor of forcing medical care on a citizen. Over the objections of the person designated _by law_ to make medical decisions in case of incapacity....
Fuck 'em!
no subject
Date: 2005-03-21 12:10 pm (UTC)Quoting from the FAQ there:
Why did Terri’s husband get to make the decision about whether she should live or die?
Michael Schiavo did not make the decision to discontinue life-prolonging measures for Terri.
As Terri's husband, Michael has been her guardian and her surrogate decision-maker. By 1998, though -- eight years after the trauma that produced Terri's situation -- Michael and Terri's parents disagreed over the proper course for her.
Rather than make the decision himself, Michael followed a procedure permitted by Florida courts by which a surrogate such as Michael can petition a court, asking the court to act as the ward's surrogate and determine what the ward would decide to do. Michael did this, and based on statements Terri made to him and others, he took the position that Terri would not wish to continue life-prolonging measures. The Schindlers took the position that Terri would continue life-prolonging measures. Under this procedure, the trial court becomes the surrogate decision-maker, and that is what happened in this case.
The trial court in this case held a trial on the dispute. Both sides were given opportunities to present their views and the evidence supporting those views. Afterwards, the trial court determined that, even applying the "clear and convincing evidence" standard -- the highest burden of proof used in civil cases -- the evidence showed that Terri would not wish to continue life-prolonging measures.
no subject
Date: 2005-03-21 12:16 pm (UTC)But rants lose impact if you make sure you cover all the bases.