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Why the Courts Sacrificed the Life of Terri Schiavo.
Let nothing stand in the way of power, especially the life of an innocent, abused handicapped woman. So might sum up the courts in America.
There is a colossal battle going on in America. Not only is it colossal but it is of huge historic significance in the future fabric of the culture. This battle is for the power turf. It is a battle that will determine whether America ultimately becomes ruled by a few appointed judges or by those we elect to represent us. It is to determine whether judges are under the law, make the law, or are above the law.
Make no mistake, the Schiavo case is only the latest round in this battle. But the Schiavo case has inadvertently focused America on the place of the judiciary and its proper role in our land.
The power struggle transpiring between the legislative branch and the executive on one side and the judiciary on the other, is even more significant given the leftist control of the judiciary and the Republican control of the legislative and executive branches. At the federal level Terri Schiavo has been sacrificed to make a statement in that battle.
Consider that it was the Republican Congress that initiated an effort to save Terri Schiavo from being killed. Consider it was the Republican President that made such a strong statement on her behalf, even cutting short his vacation. Consider it was the judiciary that sentenced her to death even in the face of strong evidence that she was a victim of domestic violence, was being abused as a handicapped woman, was viable and responsive, and that there were serious questions surrounding the various individuals related to the case, including the judge.
The Congress, to their credit, approached this matter from a reasonable and sensible manner. Congress gave the judiciary a strong sense of where they stood on this matter, but at the same time they gave the bench the opportunity to review the details, examine the evidence, and consider the particulars of the substance of the Schiavo case. The Congress was saying to the Judicial branch, “We think there are enough significant problems with this case to warrant a full review.” The President echoed those sentiments by signing the bill which requested the federal judiciary to reexamine this case. The President encouraged the Judicial branch by saying that where there are significant questions it is better to err on the side of life. The Congress was within their full rights under Article 3 of the Constitution.
The federal Judicial branch chose instead to rule on narrow issues of procedure and trivia, ignoring the clear intent of the Congress and, in effect, telling the other two branches to stick it. “You are not going to tell us what to do,” was the message, thumbing their judicial noses, and Terri Schiavo gets murdered in the process.
Clearly this slap at the legislature and the executive was a line in the sand. Essentially the judiciary was saying that they will not yield any power to the legislative and executive branches even if an innocent, abused, handicapped woman will be killed. And they might have added, “Especially to you, Mr. President.” This seems to be standard procedure for the liberals in government… never work with the opposition. Never be reasonable. Obstruct, oppose and hold onto power even if an innocent person is killed along the way.
Given the decidedly liberal composition of the judiciary in America, it is not hard to understand this battle. The Left is feeling very threatened and is trying to hang onto its last stronghold. The Left likes the idea of law by judicial fiat. They like the idea of a few enlightened ones telling the rest of us what to do, think, and say and then requiring that we adhere to these fiats. They have been continually losing at the ballot box. They don’t want to lose the judiciary and all hope of imposing their rejected ideology on America.
This, I believe is the core of what has transpired at the federal level in the Schiavo case.
At the Florida state level, while there would appear to be significant problems with many aspects of this case, two things seem to be paramount. One is a lawyer who represents a larger agenda (euthanasia in this instance) looking for a good client to try and force that agenda on the people via the courts, along with a willing judge who will support that agenda; basically legislation by two, the lawyer and the judge. The second is the power issue infecting the federal judiciary.
The power issue came into focus in the final appeals to Judge Greer. This was seen when Greer adamantly forbid the Department of Children and Families to take Terri Schiavo and protect her when credible evidence that she was being abused was revealed. It was also seen in the judge giving a similar strongly worded order to the governor. This was mimicked in a very revealing way by the taunting comments of Michael Schiavo’s attorney, George Felos when he said, “The governor has no power… no more than a person walking down the street.”
And so the battle lines are drawn. It is easy to see why this is the paramount issue of our time and why the Senate needs to stop the fraudulent so-called ‘filibuster’ of the leftist Democrats trying to obstruct well qualified judicial appointments the President wants to make. And I hope this is further incentive for President Bush to be even more careful with the people he selects for judicial appointments picking those that understand our Constitution and believe in it, along with an understanding of the proper role of the judiciary.
The battle is on. It will be a Herculean battle. The judiciary and the Left like having the final say and like to position themselves as the final authority. We need to get behind the Republican Senate and the President as both seek to put an end to the tyranny of the judiciary. We’ve lost one of our warriors, Terri Schiavo. Let’s not let her die in vain. You could be next.
http://myopiczeal.blogsome.com/2005/03/27/why-the-courts-sacrificed-the-life-of-terri-schiavo/trackback/
We need to remind the Congress that they still have subpoenas pending. Even though Terri Schiavo herself is no longer able to appear before Congress (thanks to the court-imposed UNNECESSARY dehydration and starvation sentence), Michael Schiavo, the Schindlers, and the doctors need to come before Congress. (Obviously in the case of the Schindlers, they should be given some quiet time before being asked to speak in Congress about their daughter. But in my view, NONE should be given for Michael and the doctors.)
Congress has given in to a local judge in Florida named Greer. By doing so, they have set a precedent. In my opinion, this is the equivalent of saying that ANYONE who does not feel like obeying a subpoena from Congress can just find a local judge like Greer to nullify it. Congress needs to take back their subpoena power and enforce it. They also should subpoena Greer himself.
Comment by cw — March 27, 2005 @ 10:59 pm
Not to detract from your opinion, but if you’re going to (rightly so btw) critize one party of having ulterior motives in pushing a certain ideology, you also need to need to approach the other side with the same scepticism.
The Schindlers have received - either through direct funding or indirect funding by the offering of free services - at the least a million (although most likely well more than that) directly from pro-life and religious groups.
Both sides have abused this case by stepping in and using it as a pawn in their struggle for more outreach and neither of them of innocent.
I respect the opinions of everyone on both sides, but when a lobby group interjects itself into anything it’s not because they care about the cause, but because they have weighed their options and found that involving themselves will further their case.
Both sides have turned a family tragedy into a political, ideological and media circus for their own gain.
The only person that lost here is Terri, because both the pro-life and the pro-choice crowd got what they wanted out of her. She was the spark they needed. What happens to her in the end, is nothing they’ll loose any sleep over. They’re much to busy reaching for personal glory
TOL responds: I’m going to have to respectfully disagree with your observations. Hopefully you are not being overly influenced by the media in their effort to portray those who are working to save Terri’s life as political dupes. That is a dishonest effort on the part of the media. After Dan Rather who can expect much else? While it is possible that some who support Terri may be doing so for some peripheral gain, that is not the case with the majority. Those advocating a full review of this case are not doing so based on opinion. There is clear and compelling evidence that Terri Schiavo was abused and is being abused and now killed; that this evidence has been ignored and suppressed by, of all people, Judge Greer as well as others such as the Dept. of Children and Families. Somehow I find it hard to criticize those who are giving resources and fighting to defend the life of an innocent, abused, handicapped woman. You seem to be making the effort to help Terri a moral equivalent to those who are trying to kill her and while doing so those same people are trying to deceive you into thinking this is a wrenching family choice in a right-to-die case. It is anything but. This is a terrible example of a right-to-die case given the abundance of evidence that indicates it is a case of serious physical abuse at best, and now murder with the blessing of the court at its most heinous. Combine that with the conflicts of interest and potential corruption in the case and any honest jurist, at any level would look at this case as one which needs serious review. Given that was not done nor even apparently considered, I am forced to draw the conclusions I have in the article.
Comment by Vanessa — March 28, 2005 @ 12:05 am
We do actually both agree that there was enough doubt in this case to have warrented some additional scrutinity which didn’t, and now most likely won’t, take place. It just seems our reasons for wanting this come from differing opinions.
If it seemed like I was making the point that fighting for Terri’s life is wrong, I want to apologize because I don’t think so. Terri’s parents have every conceivable right to do just that.
The only thing that bothers me is when the funding to do so comes from pro-life, anti-euthanesia and anti-abortion groups. The same way it bothers me that the other side would employ right-to-die groups.
In any case, I never wanted to attack your personal views, they have as much merit as mine and this is your blog. Also thank you for taking the time to form a response.
Comment by Vanessa — March 28, 2005 @ 7:06 pm
If the courts did not stand in the way of power we would be living in a communist nation or a fundementalist religious nation.
It is the job of our court system to uphold the Constitution and the Bill of Rights. They interprete the law. The courts do not rubber stamp the orders of those who happen to be in power. Those in power have in the past attempted to pass laws in violation of both the Constitution and the Bill of Rights.
The Judiciary branch is a seperate entity created by those wise founding fathers who believed check and balances would make a healthy nation accountable to the people of the entire nation.
It is not the Congress’s place to tell the Judiciary branch how to rule. It is not the duty of the Judiciary to do the bidding of the Congress. This was an emotional issue that Tom Delay took advantage of, just as Jeb Bush did. This was an unprecedented interference with a civil case for political purposes.
As far as Mrs. Schiavo being some sort of innocent victim being abused that is patently wrong. Mrs. Schiavo is not a ‘disabled person’ she is a BRAIN DEAD woman in a persistant vegitative state. As doctors and courts have concluded over a 15 year period.
The system worked. But to use words like ‘innocent, abused and handicapped’ set a flawed foundation that assumes non exsistant criminal behavior and assumes judical malfeasance. That was not the case. If it were that means review courts all the way up to the Supreme Court were complicit.
Which means the only ones left to trust with our nations well being is a bunch of politicians and the Constitution is worthless document. Which is not the case at all.
As far as both parties taking advantage of this. That is not true. All the Cable networks were filled with non stop coverage that portrayed Mr. Schiavo as a monster. And first and formost Republicans were at the front leading the charge calling him a murderer and a criminal.
There has never been any kind of abuse or mistreatment by Mr. Schiavo. If there had been it would have been exposed long ago. Jeb would have seen to that. This was a desperate act and what it has ended up doing is attacking the one branch of government fundementalist facists republicans have not been able to control.
The judges under attack have been appointed by republicans or are republicans. But they are flawed by Tom Delays and Jeb Bush’s standards. That flaw is they do not tow the party line and enforce a religious doctrine as law. They uphold the Constitution first and formost.
You did not see the airwaves flooded with right to die people you only saw the airwaves flooded with pro-life, anti-euthanesia and anti-abortion groups with an agenda that all the Cable networks were more than happy to pander too.
There is not now or ever any kind of clear or compelling evidence that Mrs. Schiavo has been abused, mistreated or murdered.
The fact is all those who have made those claims have never been issued a subpoena by the courts or by the Schindlers. Not one of these so called witnesses over a 15 year period have once testified under oath over these so called abuses. Not once.
These so called witnesses claimed to have been in contact on an ongoing bases with the Schindlers during the time that abuse supposedly took place. That would mean the Schindlers themselves were complicit in this claimed abuse and cover up. And we all know that would never have happened.
Mr. Schiavo for the most part kept his private grief to himself. He did the dignified thing and supported Mrs. Schiavo to the very end. Not so for the radical wrong wing fundementalist facist republicans in power. No for them it was another good opertunity to take advantage of the pain and suffering of others and to undermine the faith of our seperation of powers and their checks and balances.
The rule of law sometimes goes against those who are in power. Otherwise those like Mrs. Schiavo would truly be victims of those in power. Ruled and over run by people who did not know her and just used her for their own best interests not her best interests.
TOL responds: Unfortunately you have your facts wrong in the Schiavo case, but it seems pointless to discuss things of reason with you. Regarding congressional action, the Congress did not order the courts to make a decision. They gave a reasoned sense that there were enough irregularities with this case to conduct a full review of the evidence outside of the domain of the state of Florida. The Congress was perfectly within their constitutional rights to do so. Instead the courts chose to ignore this sense of the Congress and ruled in a political manner. Judge Birch confirmed that in his statements.
Contrary to your view of the courts, they are not the final dictatorial power in this country. The Congress is a check on the power of the judiciary. Checks and balances are just that; three branches with the ability to check and balance each other. It’s in the Constitution. Start with Article 3.
You are correct that the modus operandi of the federal courts is to interpret. However the courts are increasingly acting as legislators, a role that is clearly unconstitutional. If there is no check and balance on the court, as you seem to imply, then judges become dictators eventually telling you what you can do, think, say, and write. The Constitution becomes in their minds a “living document” designed to be “interpreted” to suit whatever is culturally chic at the moment or that may fit a certain ideological agenda. Euthanasia is up next on that stage. Suddenly a “right to kill” innocent people will be found in this amorphous document just like a constitutional right to stick scissors in the skull of an almost born nine month old baby was discovered many years ago. But perhaps you don’t care to call that killing or murder either. After all, it’s just a baby I suppose.
The facts are clear. Terri Schiavo was very likely killed by her husband with the complicity of the courts. In the case of the federal courts, politics was more important than the life of Terri Schiavo. I shall hope that you don’t ever find yourself in that position. But the handicapped have been put on notice. The courts will not protect them. And the Florida hospice seems like a very dangerous place to be, especially if you are not terminally ill.
Comment by Pigboy — April 2, 2005 @ 12:07 am
I agree with the moderator, the issues at hand are so large in scope and so important to our future personal freedoms . I find it astonishing that so many people, who apparently were not paying attention when required to study American History and Civics in school, are so ignorant of the proper functioning of the system of checks and balances inherent in our Constitutional government.
When one branch steps outside its boundaries and is allowed to seize the kind of skewed power the judiciary currently has, we are in much graver danger of becoming a dictatorship than when duly elected representative of the people exercise their duty and right to implement check and balances.
Those who blindly support an unchecked judiciary need to wake up and smell the coffee, YOU, too, are part of what they consider to be a mob of “hoi polloi” which does not have enough sense to know what is good for it. The stance of the judiciary is an insult to your intelligence, your right to participate in your government through your elected representatives and a danger to your personal freedom.
Remember, if the climate were different and the shoe on the other foot, with an ultra conservative judiciary handing down edicts which were not to YOUR liking, you would be screaming bloody murder and asking, “Why, oh, why do our elected representatives not do anything about this?”
In reading opinions extensively on internet boards, I find it highly enlightening and frightening that most of those who were in favor of euthanizing Terri (and make NO mistake the woman was euthanized by court order) focus on the more narrow issue of her right to die rather than on the LARGER issue of HOW and BY WHOM her death was orchestrated.
Those who were opposed to her death IN THIS CASE and BY THE MEANS IT WAS ACCOMPLISHED seem to have a much better grasp of the scope and implications for society in general– US!
I have additional questions, ones that I have seen no one else articulate in all the debates abou this issue and that have nothing to do with the legal ramifications of the case. If Mr Schiavo is such a sensitive, concerned and loving person (as his supporters keep postulating) why did he not think of the horrendous personal emotional damage that continuing this highly charged and imflammatory PUBLIC battle will inevitable have on his common law compantion and his TWO children? How could he not know or care that there is absolutely NO way he can protect them from the cruelty of hearing the scorn and ridicule of those who will inevitably tell them in no incerrtain terms that they believe their father is a murderer. Those children’s lives will never be the same. If he is so concerned with “quality of life,” and so convinced that Terri was, “not among the living” he needed to be thinking about the quality of life of his family–the living.
Comment by JP — April 10, 2005 @ 10:46 am
[…] whether judges are under the law, make the law, or are above the law. -Myopic Zeal, “Why the Courts Sacrificed the Life of Terri Schiavo. […]
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Comment by Pat'sRick© — July 16, 2005 @ 8:57 am
I agree with alot you say Zeal but it was the Republican’s that ended Terri’s life. Why don’t you see that? Greer was a Republican, so are the rest of the players. The case was tainted from the beginning and for Terri to die anyway after Congress and The President’s efforts only proves to me that it was indeed a dog and pony show. They (Congress and President Bush) did not stand behind their own word. Waste of time, all an act.
Too many players would be embarrassed or money would but lost if the truth came out about Terri’s case all the way to DC. It should be obvious by now. The filbustering?? Another dog and pony show, it was republican’s that did her in Zeal.
This from a long brainwashed Republican. Not anymore.
Comment by SherlockRWBShoes — August 14, 2005 @ 10:19 am
PVS is a clinical diagnosis and the autopsy states that as well. Her brain couldn’t have been liquid if she was dehyrdated to death for 13 days. This was not more a personal choice than it was for OJ to kill Nicole. For Pigboy.
Maybe Ralph Nader will run in 2008, even he knew it was horrific. The republican’s will not win in 2008. This will be an interesting election but Terri fighter’s will not forget who the real culprits are here and their are thousands and thousands of them. Jeb Bush should have never squashed that investigation. Why does he care, the Bush’s are on their way out. Democrats, they can have the White House just to get the Republican’s back for their phony concern.
Comment by SherlockRWBShoes — August 14, 2005 @ 10:33 am
Pig Boy, you are full of yourself. Terri was not brain dead. You are telling a MSM or Felos lie.
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We need to remind the Congress that they still have subpoenas pending. Even though Terri Schiavo herself is no longer able to appear before Congress (thanks to the court-imposed UNNECESSARY dehydration and starvation sentence), Michael Schiavo, the Schindlers, and the doctors need to come before Congress. (Obviously in the case of the Schindlers, they should be given some quiet time before being asked to speak in Congress about their daughter. But in my view, NONE should be given for Michael and the doctors.)
Congress has given in to a local judge in Florida named Greer. By doing so, they have set a precedent. In my opinion, this is the equivalent of saying that ANYONE who does not feel like obeying a subpoena from Congress can just find a local judge like Greer to nullify it. Congress needs to take back their subpoena power and enforce it. They also should subpoena Greer himself.
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