Schiavo: Perverse Standards Leads to Perverse Outcomes

In determining what weight to give the irreparable harm that will come to Terri in the latest stay application to keep her alive (at the heart of an injunction proceeding the court must weigh the irreparable harm versus, among other things, the strength of the potential case) guess what type of case the court principally considered. An accused on death row? A terrorist about to be deported to a state where he’ll be put to death?

Nope. The court in Schiavo relied on a case about a gas dealer regarding the sale of below cost gasoline. That’s right folks. In seeking guidance regarding the ending of a human life, the court looked to how another court weighed the harm that would result from the improper sale of a petroleum product. Here is the PDF copy of the latest Federal Court decision which cites the Home Oil case also in PDF.

I’ve said below here and here how the courts are utilizing the wrong standards in the Schiavo case. Seeing Terri’s life compared to gasoline, can there be any doubt about this?

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