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Old 03-22-2005, 06:32 PM   #243 (permalink)
Jolie Rouge
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Quote:
Originally Posted by YankeeMary
Ok I have to try to figure this out...first off, the constitution states, seperation of church and State....
No.

Says "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise of;

This is to protect the citizens from a State Religion such as The Church of England where the King ( or Queen ) is also the Head of the Church (which is why it was such a big deal about Charles getting a divorce or marrying a divorcee` ). It is to protect the People from a State Sponsored Rule of Religion such as the Spainish Inquistion where the Church persecuted the Heathens and the assesst of the accused were divided by the Church and State coffers.

So, if you want to make the arguement, they are trampling on Terri's Civil Rights by refusing to recognise her beliefs as expressed by her in the presence of her family and by the instructions of the Pope as Terri is a practicing Catholic.
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Old 03-22-2005, 07:58 PM   #244 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene

Quote:
Originally Posted by Jolie Rouge
No.

Says "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise of;

This is to protect the citizens from a State Religion such as The Church of England where the King ( or Queen ) is also the Head of the Church (which is why it was such a big deal about Charles getting a divorce or marrying a divorcee` ). It is to protect the People from a State Sponsored Rule of Religion such as the Spainish Inquistion where the Church persecuted the Heathens and the assesst of the accused were divided by the Church and State coffers.

So, if you want to make the arguement, they are trampling on Terri's Civil Rights by refusing to recognise her beliefs as expressed by her in the presence of her family and by the instructions of the Pope as Terri is a practicing Catholic.
I made the correction in my statement.
If the President is willing to keep her alive due to her religious beliefs then it WRONG.

So, if you want to make the arguement, they are trampling on Terri's Civil Rights by refusing to recognise her beliefs as expressed by her in the presence of her family and by the instructions of the Pope as Terri is a practicing Catholic.
Her beliefs or her parents? She stated to her husband SHE DIDN"T WANT TO LIVE LIKE THIS. It has never been proven by her parents or anyone else that her husband is lying. She never told her parents she wanted to live like this, so we have to take him at his word, its that simple. The Bible says that the body is the temple of God, she misused her body, but now her religion plays a part in it all? IMO that is just crazy. Just because its what the Catholics preach doesn't mean she was a devout catholic. I went to highschool with a catholic girl that had an abortion. So not all catholics live exactly by the catholic teachings.
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Old 03-22-2005, 09:01 PM   #245 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene

Why can't they just let this Nobel Prize nominated doctor work with her for a while. He has worked with her, for only ten hours, and says she is NOT in a persistent vegetative state. Furthermore he has offered to work with her and fully believes she will improve to the point where she can communicate at the very least but possibly much, much more. Why would a nobel prize nominated doctor say something he did not truly believe? I don't know all of the facts of the case. There is so much spin in both directions how could anyone possibly know what the truth is? But, to ease the pain for the parents, wouldn't you at least allow some sort of therapy and rehabilitation to see what could happen? If in the end they found that she was in "PVS", none of this would have mattered to her according to the experts... they say she can't feel anything and doesn't know anything anyway. I would not want to live being able to do nothing at all... but if it eased the pain for my family to try different therapies and such... so be it. I do believe in a persons right to die if they are suffering in pain and dying anyway, but this woman is neither dying or suffering from pain according to the "experts". Just my opinion...
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Old 03-22-2005, 11:47 PM   #246 (permalink)
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Quote:
Her beliefs or her parents? She stated to her husband SHE DIDN"T WANT TO LIVE LIKE THIS. It has never been proven by her parents or anyone else that her husband is lying. She never told her parents she wanted to live like this, so we have to take him at his word, its that simple. The Bible says that the body is the temple of God, she misused her body, but now her religion plays a part in it all? IMO that is just crazy. Just because its what the Catholics preach doesn't mean she was a devout catholic. I went to highschool with a catholic girl that had an abortion. So not all catholics live exactly by the catholic teachings.
HER BELIEFS.

In a bible study group where they discussed the case of Kathleen Quinn ( a young woman rendered brain dead in a car accident whose parents went to court to remove her feeding tube ) TERRI stated that she would not want them to do that because where there is life there is hope; that if God was not prepared to take her then her life was not over. Several wittnesses have testified to this. The ONE AND ONLY person that she supposedly expressed this wish to was M. - who "forgot" that she had expressed this wish until AFTER he had won a medical malpracrice suit, found a new girlfriend, and had already refused her treatment for potentially life-threathening infections.

M. has also refused to allow them to give her communion or adminisiter the sacrements of Annointing of the Sick and one might presume Last Rites. How twisted is that ??

The Catholic Church (as most Churches) is not a museum for Saints but a hospital for Sinners ( present company included. )
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Old 03-22-2005, 11:57 PM   #247 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene

I have to ask you jcshopper, just how long should this new therapy last? If they try something for say 6 months and it doesn't work, then the parents are going to say that it wasn't long enough that she just needs a few more months to try. And if you give her two years of therapy and it doesn't work then the parents will still say that it just wasn't long enough let's giver her another year. When would it ever end?

Everyone keeps seeing the videos on news clips and thinks this is what she is like, but everyone keeps forgetting that these clips are two and three years old. And then they only show just a few seconds of what appears that she is smiling at her mother, but if you got to see it all should would have a smile on her face over anything, she is not making herself smile, it is an involuntary movement.

Everyone wants Michael to let the media video tape her and plaster her video all over the channels, but doesn't he have a right to allow her to have some privacy. I know personally if I were in that state I sure wouldn't want the whole world viewing me on TV. Back in 2000 when my husband laid in a hospital bed in ICU attached to a ventalor, in a coma and dying we tried to take a picture of him so that I could have it, we were stopped by the nurses because it violated his privacy rights. And I was his wife and durable power of attorney over his health care!

This whole thing has become a media and politcal circus. We don't want Big Brother interferring in our lives any other time so why start now?

This woman is in Hospice Care, not in a nursing home. Hospice care is generally a very short term, from a few days to a couple of months at end times when there is NO HOPE for survival. That means several years ago when she was placed there, there was NO HOPE for survival. Nothing was ever going to change!

I may be a very devout Christian, but I do not believe that she should be made to stay alive in this condition. I do believe what Michael has said. Not every couple makes private issues like what is in their living wills public knowledge. And back 15 years ago, having a living will with you everytime you went to the hospital was unheard of. But that didn't mean that they hadn't discussed in Private with each other what their wishes were. Maybe she didn't want her parents to know her wishes because she was going against what her religion believed in.

And by the way my husband survived back in 2000, and I have been his full time, 24 hour a day 7 day a week caregiver ever since. I feel very sorry for what Michael has gone through all these years. I can relate to what he's been through. And even though I have never turned to anyone else in the way he has, I can understand why he did.

It's time for all this to end and to let this woman die with some dignity in private!

I will pray that Terry would just drift off to sleep and go be with God before our government has a chance to interfere anymore.
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Old 03-23-2005, 12:34 AM   #248 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene

Quote:
Originally Posted by cavemtmomma
Reprinted from NewsMax.com
Sunday, March 20, 2005 10:19 a.m. EST

Nurse: Terri Can Eat Normally

A certified nursing assistant who cared for Terri Schiavo in 1997 filed a sworn affidavit in the case stating that she was able to feed Schiavo normally on multiple occasions - but that husband Michael Schiavo would allow only a feeding tube.

Heidi Law, a CNA at the Palm Gardens nursing home, testified: "At least three times during any shift where I took care of Terri, I made sure to give Terri a wet washcloth filled with ice chips, to keep her mouth moistened. I personally saw her swallow the ice water and never saw her gag.

"[Another CNA] and I frequently put orange juice or apple juice in her washcloth to give her something nice to taste, which made her happy. On three or four occasions I personally fed Terri small mouthfuls of Jello, which she was able to swallow and enjoyed immensely."

Law testified that the only reason she didn't attempt to feed Ms. Schiavo more frequently was "because I was so afraid of being caught by Michael."

Editorializing on the case in light of Law's account, the Pittsburgh Post Gazette said Sunday, "It is one thing to withdraw a feeding tube; another entirely to withhold that day's meal tray."

--

Carla Sauer Iyer was a registered nurse at the same facility. In her own affidavit Iyer testified that Ms. Schiavo was capable of speech, explaining, "[Terri] spoke on a regular basis, saying such things as 'Mommy' and 'help me.'"

When she put a washcloth in Terri's hands to keep her fingers from curling together, Iyer said, "Michael saw it and made me take it out, saying that was therapy" that he had forbidden.

"Throughout my time at Palm Gardens, Michael Schiavo was focused on Terri's death," the RN noted. "Michael would say 'When is she going to die?' 'Has she died yet?' and 'When is that b**** gonna die?'"
__________________



So ... in 1991 Terri moved to Bradenton Mediplex Rehabilitation Center where her condition is assessed as improving; Terri's husband advised to move her to Gainesville Rehabilitation Center to receive advanced therapy to continue her recovery instead he moves Terri moved to Sable Palms Nursing Home. ( Nursing Homes are not know for their Rehab facilities. )

In November 1992 Terri is awarded $250,000 in malpractice settlement to pay for her medical care and then in a seperate filing she is awarded $1.4 million in a malpractice trial. Further Michael Schiavo awarded $600,000 in malpractice trial for his pain & suffering and for "loss of consortium"

In Febuary of 1993 Michael Schiavo denies recommended rehabilitation treatment and Schiavo and Terri's parents have falling out regarding lack of therapy for Terri. Schiavo withholds medical information from Terri's parents in part because Schiavo posts "Do Not Resuscitate" order in Terri's medical chart which leads to Schiavo threatening the Schindler family with lawsuit due to their protests.

In August 1993 Schiavo orders medical staff not to treat Terri for potentially fatal infection (UT - can be quite painful ... appearently not an issue for M ) So Bob and Mary Schindler petition courts to remove Schiavo as Terri's guardian as it seems he doesn't have their daughter's best interests at heart. In the course of the case Schiavo admits in deposition that he knew withholding treatment of infection could result in Terri's death.

In Febuary 1994 Judge Penick dismisses guardianship suit. And in April Terri is returned to Palm Gardens Nursing Home.

In September of 1995 Schiavo orders Palm Gardens not to treat Terri for potentially fatal infection. Unfortunately for him, Terri recovers.

In May of 1997 Judge Shames approves Schiavo action to remove Terri's nutrition and hydration claiming that Terri is suffering PVS despite testimony from the RN's to the contrary. Coinciendaly in July Schiavo's engagement to Jodi Centonze announced; they already have one child together. But it takes until August for Attorney Felos's letter notifying Terri's parents of action to remove Terri's nutrition and hydration.



Does this sound like the actions of someone who "loves" his wife or does he merely view her as a possession ?
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Old 03-23-2005, 01:00 AM   #249 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene

And I have to ask you onfire4god57, have you seen Terri, do you know her "husband", her doctors, the nurses who have cared for her? Did you know her when she had the, supposed, eating disorder that has been discounted by many doctors. I don't have the answers but, I don't think you do either. And if she can't feel anything as you and some are stating, why not give it a shot for her families sake... The ones who really love her? Michael Schiavo can move on with his life... oh that's right, he already has. As far as his concern that he cannot divorce her, because it is against his religion....isn't it also against his religion to have children out of wedlock, especially since he is already married. I don't think that he has done anything wrong in moving on with his life but he should cut out the dumb excuses. I just think in this instance there are far too many questions left unanswered to justify removing a feeding tube.
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Old 03-23-2005, 01:12 AM   #250 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene

http://www.cfra.info/213/petition.asp?PID=8379697&NID=1


Center for Reclaiming America
EMERGENCY PETITION
Save Terri Schiavo!

UPDATE:
Seventy-two hours after Terri’s feeding tube was removed (around 1:30 p.m. on March 18, 2005), Dr. Gary Cass made a second petition delivery – this time of nearly 200,000 petitions – to the Florida State Legislature, requesting that it move to save Terri’s life at this eleventh hour.
Terri Schiavo’s life is hanging in the balance. Courts have allowed her husband to remove her feeding tube, a situation which amounts to court-ordered death by starvation. Right now, the Center for Reclaiming America is rallying all Americans – particularly Floridians -- to contact Florida’s Senate, urging the passage of S.B. 804—the bill that could save Terri’s life.

107,000 PETITIONS DELIVERED TO TALLAHASSEE!:
The week this petition launched, the Center's Executive Director, Dr. Gary Cass, delivered more than 107,000 petitions to Florida Gov. Jeb Bush and other legislative leaders. More deliveries are planned. Please sign this EMERGENCY PETITION today! Then, alert your friends by forwarding the special “link” email message and help us rally tens of thousands of citizens.

ROSE RALLY FOR TERRI
On Sunday, March 13, 2005, hundreds gathered in Tallahassee at a “Rose Rally for Terri,” organized by the Center and more than a dozen national and Florida state groups.

FEDERAL LEGISLATION INTRODUCED:
On March 8, Rep. Dave Weldon (FL) and Sen. Mel Martinez (FL) introduced the “Incapacitated Persons Legal Protection Act” (H.R. 1151/S. 539). This bill, if passed, will protect the constitutional rights of Terri and other Americans who cannot speak for themselves.



The Petition States:


TO: Governor Jeb Bush, Florida Legislators, Federal Judges
CC: President George W. Bush
As a concerned citizen, I am signing this “Petition to Save Terri Schiavo” and I am urging you to take immediate action to stop the forced starvation of Terri Schiavo. It is vitally important to safeguard Terri’s right to life. Further, we cannot afford to set a legal precedent which puts the lives of other Americans at risk. I support legislative, judicial and executive efforts that will stop the forced starvation of Terri Schiavo.



Step1 - Sign the petition:
Title: Mr.Mrs.MissMs.Mr. & Mrs.Dr. NurseSisterRev. CanonBishopMsgrFather First Name:
Last Name :
Address 1 :
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Zip Code: Country:
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Step 2 – Add others in your household Because time is so short, we are asking each Center Alert team member to also register members of their household (spouse, family member, or friend with same address as above). Please add their names below. (Note: One e-mail update per family will be sent to the e-mail address above. All signers must be at least 18 years or older).

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(ex. public displays of the Ten Commandments)
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Fight to stop Pornography
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Please email me periodic updates.





POLICY ON SPAMMING

Periodically, the Center will send you e-mail updates with the latest information on this issue as well as updates on other vital issues. We seek to secure the Internet privacy of every person signing this petition. Therefore, your e-mail address will not be sold, traded, or shared with any other organization. YOU WILL NOT BE SPAMMED.

YOU MUST BE 18 YEARS OR OLDER TO SIGN THIS PETITION.

This petition is sponsored by the Center for Reclaiming America. Established by Dr. D. James Kennedy, the Center is an outreach of Coral Ridge Ministries to inform the American public and motivate Christians to defend and implement the biblical principles on which our country was founded. The Center provides non-partisan, nondenominational information, training, and support to all those interested in impacting the culture and renewing the vision set forth by our Founding Fathers.

Questions on the Petition? Click here
Technical questions/problems? Click here

Privacy policy

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Old 03-23-2005, 07:19 AM   #251 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene

ATLANTA, Georgia (CNN) -- A three-judge panel of the 11th U.S. Circuit Court of Appeals early Wednesday declined to order the reinsertion of Terri Schiavo's feeding tube.

The vote was 2 to 1.

The brain-damaged woman's parents, Bob and Mary Schindler, had filed with the appeals court Tuesday, after U.S. District Court Judge James Whittemore in Tampa, Florida, decided not to grant a temporary restraining order that would allow reinstatement of the tube.

The tube has provided the 41-year-old woman with water and nutrients since 1990. She is being cared for at a Florida hospice.

After the appeals court ruling, a lawyer for the Schindlers said they would continue their fight, The Associated Press reported.

"The Schindlers will be filing an appropriate appeal to save their daughter's life," Rex Sparklin, an attorney with the law firm representing the parents, told the AP.

In issuing their majority opinion, 11th Circuit Judges Ed Carnes and Frank Hull said:

"We agree that the plaintiffs have failed to demonstrate a substantial case on the merits of any of their claims. We also conclude that the district court's carefully thought out decision to deny temporary relief in these circumstances is not an abuse of discretion."

Judge Charles Wilson, who said he "strongly dissented" from the majority opinion, said refusing the parents' appeal "frustrates Congress' intent, which is to maintain the status quo by keeping Theresa Schiavo alive until the federal courts have a new and adequate opportunity to consider the constitutional issues raised by plaintiffs."

Continuing, Wilson said, the whole point of a law passed early Monday by Congress was to "give the federal courts an opportunity to consider the merits of plaintiffs' constitutional claims with a fresh set of eyes."

Schiavo's feeding tube was removed Friday on the order of Pinellas Circuit Judge George Greer, a Florida judge who ruled that he had no jurisdiction in the case. He said judicial doctrine bars losing parties from using federal courts to appeal state court decisions.

Both sides in the case -- the Schindlers, and Schiavo's husband, Michael -- filed documents Tuesday with the appellate court in Atlanta.

"While time is of the essence here, there remains adequate time for this court to conduct an expedited and deliberate review," Michael Schiavo's filing said.

His lawyers also asked that if the appeals court ordered reinsertion, it also grant an automatic stay of eight hours so that Michael Schiavo could seek a review with the U.S. Supreme Court.

Attorney George Felos, representing the husband, told reporters that his client is by his wife's side, saying, "That's where he'll remain until she dies." He said Michael Schiavo also has given the Schindlers the right to visit the hospice in Pinellas Park, Florida.

President Bush has expressed support for the Schindlers' fight, signing legislation allowing the case to be reviewed by federal courts. (Full story)

White House press secretary Scott McClellan said the Bush administration would have preferred a "different ruling" than Whittemore's decision.

McClellan said the administration hoped the Schindlers find relief in the appeals process. (Full story)

The Justice Department late Tuesday filed documents in the appeals court supporting the Schindlers' effort to have the feeding tube reinserted while the legal battle plays out.

"Unless preliminary relief is immediately issued, there will be significant and irreversible injury: Theresa Schiavo will die," the document declared.

The 10-page "statement of interest" that was filed with the appeals court was nearly identical to one rejected by Whittemore.

In the new filing, now rejected by the appeals court panel, the government offered to submit a separate legal brief addressing the constitutionality of the law passed by Congress.

Reached in Tallahassee, Florida, Randall Terry -- an anti-abortion activist and spokesman for the Schindlers -- said the parents were "devastated" by the appeals panel's ruling.

"We're simply hoping the Tallahassee legislature will intervene to save Terri's life," he said. "At this point, it appears that all roads to saving Terri goes through Tallahassee."

Terry said he's in Tallahassee trying to convince state senators to vote for a bill that would reinsert Terri Schiavo's feeding tube.

"We've only got maybe two senators to convert, so I'm hoping the Tallahassee government gets its act together."

Schindlers 'shocked'
In denying the request for a temporary restraining order to restore the tube, Whittemore on Tuesday wrote that Schiavo's parents didn't have a "substantial likelihood of success" on the merits of their arguments.

"This court concludes that Theresa Schiavo's life and liberty interests were adequately protected by the extensive process provided in the state courts," the judge wrote.

Whittemore acknowledged the "gravity of the consequences of denying injunctive relief."

"Even under these difficult and time strained circumstances, however, and not withstanding Congress' expressed interest in the welfare of Theresa Schiavo, this court is constrained to apply the law to the issues before it," Whittemore's ruling said.

Bobby Schindler, Terri Schiavo's brother, told CNN in a phone interview from Washington, D.C., that his family was "just shocked" at the decision.

"I don't understand how the judge can predetermine our success," he said, adding that his family remained hopeful.

Schindler spokesman Gary McCullough called the decision "extremely cruel."

"Here's a woman whose life is hanging. She's being slowly starved," he said.

But Howard Simon, the executive director of the American Civil Liberties Union of Florida, defended the decision.

"What Judge Whittemore did in his decision was to defend the 'culture of freedom' that each of us has to exercise control over our lives, and the circumstances of our own death," he said in a written statement.

"There is a lesson for all of us in the tragic Schiavo case," he said. "Express your end-of-life views to your family and loved ones and, better, put it in writing."

Could federal courts spur new law?
If the federal courts decline to intervene in the Terri Schiavo case, Congress and Bush could pass and sign another law to try to keep the brain-damaged woman alive, said CNN legal analyst Kendall Coffey.

There is little precedent for Congress passing a law that would undo several years of court rulings, Coffey said.

The challenge congressional leaders would face, Coffey said, would be crafting legislation that would withstand U.S. Supreme Court scrutiny. Congress would need to be mindful of the constitutional provision of separation of powers, he said.

The law passed by Congress and signed by Bush early Monday gave a federal court the right to consider whether Florida courts had violated Schiavo's rights, Coffey said.

The law did not ask federal courts to "start from scratch," Coffey said, and rule on other medical and legal questions surrounding the case.

Woman's wishes debated
Michael Schiavo insists that his wife would never want to continue to live in her condition -- what Florida courts have deemed a persistent vegetative state.

People in such a condition cannot think, speak or respond to commands and are not aware of their surroundings.

Terri Schiavo collapsed in her home in 1990, suffering from heart failure that led to severe brain damage. Michael Schiavo said his wife suffered from bulimia that resulted in a potassium deficiency, triggering the heart failure.

Schiavo's parents point to the absence of a living will, or written document, clearly spelling out her wishes. They argue that their daughter's due process rights have been violated and that she would not have wanted to die this way due to her faith as a Roman Catholic.

They also contend that their daughter's condition could improve with treatment.

Repeated court rulings have held that Michael Schiavo is his wife's legal guardian and has the right to make decisions regarding her care.

CNN's Matt Smith, Bob Franken and Ninette Sosa contributed to this report
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Old 03-23-2005, 08:40 AM   #252 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene

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Need another cup of coffee ??

Kind of an ironic comment considering your sig ....
I find it ironic that Bush makes this state law in Texas, and turns around and says 'err on the side of life for Shiavo.'
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Old 03-23-2005, 08:43 AM   #253 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene

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Why can't they just let this Nobel Prize nominated doctor work with her for a while. He has worked with her, for only ten hours, and says she is NOT in a persistent vegetative state. Furthermore he has offered to work with her and fully believes she will improve to the point where she can communicate at the very least but possibly much, much more. Why would a nobel prize nominated doctor say something he did not truly believe? I don't know all of the facts of the case. There is so much spin in both directions how could anyone possibly know what the truth is? But, to ease the pain for the parents, wouldn't you at least allow some sort of therapy and rehabilitation to see what could happen? If in the end they found that she was in "PVS", none of this would have mattered to her according to the experts... they say she can't feel anything and doesn't know anything anyway. I would not want to live being able to do nothing at all... but if it eased the pain for my family to try different therapies and such... so be it. I do believe in a persons right to die if they are suffering in pain and dying anyway, but this woman is neither dying or suffering from pain according to the "experts". Just my opinion...
A court appointed doctor even says she's is in a PVS. FOr every one doctor that says on thing you find two that will say another.
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