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Topic: The Schiavo Case

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  1. #1

    The Schiavo Case

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    I am more interested in everyone's opinions on this issue (partially because I am unclear on some things in regards to this issue), than I am in "arguing" what is right or wrong. I am not debating the value of human life.

    I think that it is Mrs. Shiavo's right to have a living will and decide her own fate. However, she doesn't have a living will. At this point, I think it should be (or should have been) up to the courts to decide.

    I'm not exactly sure how the legal process works, so forgive me if I'm wrong here. I don't know the pertaining laws. But if the law is that the end result of the court process is supposed to involve Congress, then so be it. If not, than I am pretty pissed off (at least kind of. I won't lose any sleep). Did President Bush and/or Congress have a Constitutional "right" to be involved? I doubt it, but like I said, I'm mostly just asking here, because I'm not sure, and I am always concerned about the limitations (or lack there of) of government. Any help is appreciated.
    "They get what they vote for." PaulR

  2. #2

    Re: The Schiavo Case

    Legal precedent states that this is the responsibility of the husband to decide when no living will is present. That's my understanding thus far. At my wife's behest I have been kept abreast of this situation for the last week or so, much to my chagrin.

    My view of this particular incident is thus (and since you won't comment on the value of life, I will):

    This lady has suffered in her current situation for 15 years. I can only speak for myself when I say that I wouldn't wish that sort of hell on my worst enemy. As a fully functioning human being right now, what kind of life is that I ask you? Trapped in my own body helpless. If she's even capable of such thought processes. According to the news she's been in this vegative state for 15 years so I imagine her brain damage is severe. Therefor she's technically, not even there.

    I can honestly say that I would rather see my wife perish than live every day in such misery and I hope her family would understand this. I would never have let it go that long. I owe it to her to see that something like this would never, ever happen.

    I will admit that given his current life, the husband doesn't give good PR. Yes, he's remarried and has 2 children. What's the point exactly? Its been 15 YEARS.

    This right wing Christian drive to turn this into a political playground also makes me want to vomit on myself. This is a private family concern and should be handled as such. Her parents should be ashamed for turning this into a sideshow. From my experience with the overtly zealous members of my family it is believed that God will take us when he may. Well I don't think that particularly applies here since man has meddled with this womans fate for nearly 2 decades as it is and I'm sure if she has a soul God (being the merciful creature that he is) has removed it from this body and what's there is a dwindling shell of a body, nothing more.

    Its good to know that my family will have to let me suffer for years in my drooling ignorance should something like this happen to me since by then it will be illegal to pull the plug on anyone. More intervention from the government, yeah, we really need that don't we.

  3. #3

    Re: The Schiavo Case

    Quote Originally Posted by Joseph Burrell
    My view of this particular incident is thus (and since you won't comment on the value of life, I will):
    Ummm.. I just didn't want to debate the value of human life. I value it greatly. I was just looking for some answers as far as legality issues, etc. Thanks for what you provided.
    "They get what they vote for." PaulR

  4. #4

    Re: The Schiavo Case

    Well, as far as I'm aware, Congress nor President Bush had the right to be involved, but the parents made public their desire for intervention. So, it seems, given the political boost to be gained from being the hero in this case, they decided to opt in. The courts had previously decide this case against the parents wishes, thus their desire to take it further. Like I said before, given what has been discussed so far, it appears the husband 'had' the deciding vote before everyone else was dragged into the picture.

    And sorry, for going where you didn't want to. This place needs a shot in the arm anyway.

  5. #5

    Re: The Schiavo Case

    Thanks, Joseph. Does anybody else see it the same way in regards to the involvement of Congress/President?
    "They get what they vote for." PaulR

  6. #6
    Moderator/Developer Brian2112's Avatar
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    Re: The Schiavo Case

    Quote Originally Posted by Danimal
    Did President Bush and/or Congress have a Constitutional "right" to be involved? I doubt it, but like I said, I'm mostly just asking here, because I'm not sure, and I am always concerned about the limitations (or lack there of) of government. Any help is appreciated.

    This is absolutely unconstitutional. Time and time again the courts have upheld that the husband has the right to fulfill his wife’s wishes and have the tube removed. However, it is often the case that despite the law, the ultra Christian conservatives will ignore justice and keep trying to buck the system until they get the result that they want. Even those losers on the Supreme Court have refused to hear the case. Refusal has meaning. It means basically that they uphold the decision of the state court. Ultimately, a federal court MUST rule that this is unconstitutional (assuming we want to keep what little validity the constitution has left). This is simply a cruel stalling tactic, which could cause a federal court to rule that the tube be re-inserted as such time as the case is reviewed yet again. I thought the republicans were all about staying out of people’s private lives. They say one thing, and do the exact opposite.

    A family dispute such as this and especially one that is a matter of life and death is the realm of the courts…NOT congress or the president. I am simply stunned that day by day we watch our constitution be violated by people we put in office… Another example of using the letter of the law to violate the spirit of the law – what the Neocons do best.

    …2112
    "So what if some parts of life are a crap shoot? Get out there and shoot the crap." -- Neil Peart
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  7. #7

    Re: The Schiavo Case

    Congress has no right to become involved in this case. The courts have already spoken.

    When this came on, I turned to my wife and son and said, "Let me make this perfectly clear. If I EVER end up in that condition, pull the plug."

    I suppose I'd better put it in writing.
    --
    Robert Gregory Browne
    KISS HER GOODBYE (now available)
    KILLER YEAR: Stories to Die For (Jan. 2008)
    WHISPER IN THE DARK (2008)
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    http://www.robertgregorybrowne.com

  8. #8
    Moderator/Developer Brian2112's Avatar
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    Re: The Schiavo Case

    "In cases like this one, where there are serious questions and substantial doubts, our society, our laws and our courts should have a presumption in favor of life." - President Bush

    This is the guy who bashes what he calls "activist judges?"

    He is in the executive branch not the judicial. And yet he believes that he has the right to define what the “presumption” of the courts should be?

    …wow


    ...2112
    "So what if some parts of life are a crap shoot? Get out there and shoot the crap." -- Neil Peart
    Hint:1.6180339887498948482 Φ

  9. #9

    Re: The Schiavo Case

    How long before Congress steps in to overturn Roe v. Wade?
    --
    Robert Gregory Browne
    KISS HER GOODBYE (now available)
    KILLER YEAR: Stories to Die For (Jan. 2008)
    WHISPER IN THE DARK (2008)
    St. Martin's Press
    http://www.robertgregorybrowne.com

  10. #10

    Re: The Schiavo Case

    Quote Originally Posted by Brian2112
    "In cases like this one, where there are serious questions and substantial doubts, our society, our laws and our courts should have a presumption in favor of life." - President Bush

    This is the guy who bashes what he calls "activist judges?"

    He is in the executive branch not the judicial. And yet he believes that he has the right to define what the “presumption” of the courts should be?

    …wow


    ...2112
    Very good point....I mean, very good information provided. Sorry.
    "They get what they vote for." PaulR

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