MrSpkr's random thoughts . . .

Thursday, September 23, 2004

Terry Schaivo sentenced to die by Florida Court

TALLAHASSEE, Fla. Sept. 23, 2004 — The law that state lawmakers passed last fall to keep a severely brain-damaged hooked up to a feeding tube despite her husband's orders to remove it is unconstitutional, the state Supreme Court ruled Thursday.

The unanimous court said the law that kept Terri Schiavo alive violates the separation of powers between the judicial branch and the legislative and executive branches. Lower courts had ruled that Michael Schiavo could have the tube removed, but the legislature passed the law to overrule the courts. Gov. Jeb Bush then used the law to order the tube reinserted. The court's decision came just a weeks after oral arguments.

Terri Schiavo, who lives in a Clearwater nursing home, can breathe on her own but relies on a feeding and hydration tube to live. Courts have concluded she is in a "persistent vegetative state," but maneuvering over her fate has produced a closely watched right-to-die fight.

The 40-year-old woman left no written instructions before suffering brain damage when her heart temporarily stopped beating 14 years ago. But in Florida a person's wishes must be honored even if they are expressed orally.

Schiavo's parents disagree with their son-in-law about her wishes, insisting their daughter wants to live and could be helped with therapy. Courts have generally sided with Michael Schiavo, but parents Bob and Mary Schindler have won stays that have kept their daughter alive.

The Court's decision can be found here (warning: PDF file.)
I've blogged on this in the past (here and here) I find the situation baffling and frustrating.

The putative husband, Michael Schiavo, is in an adulterous relationship with another woman (indeed, has had children by that woman), and refuses to allow his wife's family to care for Terry Schaivo, who, despite claims she is in a 'persistent vegetative state', has been filmed responding to external voice commands (a clear sign she is NOT vegetative).

Mr. Schiavo also refuses to divorce Terry.

You see, Michael Schiavo got cash in a lwsuit to take care of Terry. Of course, he though she would soon die. She didn't.

Since then, he has cut her family out of the decision loop (even going so far as to attempt to deny them permission to visit their daughter), has been heard uttering comments like "when will this bitch die?", and has spent most of the money he received in the lawsuit on attorneys he hired to help him withdraw food and hydration from Terry.

Yes, that's correct -- he wants to starve and/or dehydrate her until she dies.

If we tried to do that to a death row convict, he'd file an instant law suit alleging cruel and unusual punishment.

Terry, however, is not convict. She is simply an obstacle to Michael's "freedom".

Despicable.
- posted by MrSpkr @ 11:09

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