September 23, 2004
The Supreme Branch Rules Again: Schiavo Should Die
Today we have another example of our judicial system gone mad: The Florida Supreme Court ruled that Terri's Law was unconstitutional. This is fascinating from a legal perspective:
The unanimous court said the law that kept Terri Schiavo alive violated the separation of powers between the judicial branch and the legislative and executive branches.
Now, I'm no legal expert, but I thought the only oversight of the judicial branch of goverment was legislative power to write laws. The judges seem to be suggesting that you cannot overturn a judicial fiat through normal lawmaking. This seems perverse and scary (judges, after all, cannot be removed from the bench easily).
And somewhere in this mess, Michael Schiavo finally gets to kill his wife so he can keep the insurance money. It's a shame that he isn't willing to simply turn her over to her parents (who have been fighting for her right-to-live for years) and continue his new life with his new wife/fiance/whatever (she'd better hope she stays healthy!).
Much prayer is needed - especially considering the direction our courts have taken in recent years.
God bless,
Jay
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Jay,
It supposed to work like this. If the Court has based its opinion on the constitution then it would take a constitutional amendment in order to change the opinion . . . or a later Court ruling modifying or reversing. The legislature cannot do anything about it otherwise. Of course the Courts are supposed to interpret the law from the original intent of the writers, not create new law based on the court's whim (This is called "judical legistlation" and is illegitimate law. ie Roe v. Wade et al) . . . At least that is how it is suppose to work.
In Christ,
Thomas
Posted by: Thomas at September 23, 2004 4:29 PMThanks for the correction, Thomas!
Posted by: Jay at September 23, 2004 4:50 PMWe, that is, people who are in no way affiliated with Terri should not have any say as to whether she is allowed to die with dignity or continue living. On EXTRA tonight they will be interviewing celebrities as if their opinion matters one iota. I feel very sorry for Terri as she can't begin to understand what is going on now seeing as her mental functioning is limited to the base functions of the cerebral cortex. I know I would want to die at this point because my mind is all I really have, but like I said, it is intrusive and insensitive to think that we have any right to tell the families what to do... I have read that Terri herself would have wanted to be taken off of life support if this event happened, and unless that information is apocryphal (which, I concede, it could well be) her wishes should be carried out.
Christ be with you,
Anon
I have a brief statement/question. Is it not against Gods wishes for man to intervene and alter Gods plan? We must remember that Mary Schiavo would have already joined the Lord in Heaven had it not been for the feeding tube. God has a plan and has called Mary to him for 15 years. Man should not stand in the way or alter such plans.
In The Lord,
Rog
Posted by: rog at March 22, 2005 8:07 PM
