musing minds

I Guess We Know Who Calls the Shots Around Here

The Court of Appeal’s Schiavo ruling shows a complete and utter contempt towards Congress. Just in case you’re wondering folks, Congress passes the laws, and the courts interpret them. Yes, they can declare them unconstitutional, but that’s not what appeared to have happened here. They simply disregarded the law.

I agree with Ed at Captain’s Quarters that this raises some very serious questions about the power of the judiciary. What I find particularily alarming is not only the fact that the court disregarded the law, but also the manner in which they did it, as if to remind the other two branches who really calls the shots around here.

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The Opinions

Judge Stanley F. Birch, Jr.:

Any further action by our court or the district court would be improper while the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty.

In resolving the Schiavo controversy, it is my judgement that, despite sincere and altruistic motivation, the legislative and executive branches of government have acted in a manner demonstrably at odds with our Founding Father’s blueprint for the governance of a free people – our Constitution. (emphasis mine)

Judges Gerald Tjoflat and Charles R. Wilson:

The relevant question here is whether a rational factfinder could have found by clear and convincing evidence that Mrs. Schiavo would have wanted nutrition and hydration to be withdrawn under these circumstances. The plaintiffs carry a heavy burden, but I do not believe that this question can be determined in this expedited fashion without a hearing on the merits.

So, Judge Birch is not quite saying the law that congress passed was unconstitutional, just that he thinks that the executive and legislative branches have overreached their purview? That the judicial branch doesn’t need to listen to the other two branches?

Judges Tjoflat and Wilson are correct and it would behoove the rest of the 11th to have listened to them.

Source: My Way News

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AP-Court Rejects Appeal

11th Circuit Court Rejects Schiavo Appeal

By RON WORD
Associated Press Writer

PINELLAS PARK, Fla. (AP) — With time running out for Terri Schiavo, a federal appeals court Wednesday rejected her parents’ latest attempt to get the brain-damaged woman’s feeding tube reconnected.

The Atlanta-based 11th U.S. Circuit Court of Appeals agreed to consider an emergency bid by Bob and Mary Schindler for a new hearing in their case, raising a flicker of hope for the parents after a series of setbacks in the case. But the court rejected the request 15 hours later.

Three times last week, the court also ruled against the Schindlers.

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Felos Has Mind Powers

Whiskey over at Captain’s Quarters points us to an NRO piece by Eric Pfieffer.

In his 2002 book Litigation as Spiritual Practice, Felos expresses his belief in the “cosmic law of cause and effect,” in which the human mind is not limited by the constraints of reality. More specifically, if one wants a new car, one could make this dream car manifest “out of the ether.”

The man can cause planes to crash just by thinking about it and can read the minds of those who can not speak, yet want to die…

He writes,

As Mrs. Browning lay motionless before my gaze, I suddenly heard a loud, deep moan and scream and wondered if the nursing home personnel heard it and would respond to the unfortunate resident. In the next moment, as this cry of pain and torment continued, I realized it was Mrs. Browning.

I felt the midsection of my body open and noticed a strange quality to the light in the room. I sensed her soul in agony. As she screamed I heard her say, in confusion, “Why am I still here … Why am I here?” My soul touched hers and in some way I communicated that she was still locked in her body. I promised I would do everything in my power to gain the release her soul cried for. With that, the screaming immediately stopped. I felt like I was back in my head again, the room resumed its normal appearance, and Mrs. Browning, as she had throughout this experience, lay silent.

Go read the whole thing…

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I Was Right

In an earlier post, I noted that Michael doesn’t have any say in the autopsy, whether it is done at all, who does it, what is examined. Life News is reporting that the Pinellas County Medical Examiner, Jon Thogmartin, had decided to perform an autopsy well before Michael gave his “approval”, “authorization”, or whatever.

Yesterday, George Felos stood in front of dozens of reports and announced that Terri Schiavo’s estranged husband Michael had changed his mind and would allow an autopsy to be conducted on Terri if she dies.

The altruistic statement declared Michael wanted to exonerate himself on accusations he abused Terri and to show Terri is very severely brain damaged.

Yet, the decision to conduct an autopsy had already been made when Felos spoke with the media — and not by Michael or Felos.

Jon Thogmartin, medical examiner for Pinellas and Pasco counties, tells the St. Petersburg Times newspaper he made the decision to conduct an autopsy if necessary and said it had nothing to do with Michael’s change of heart.

“We have determined to be involved because of the statutes and because the people of the state of Florida say we are involved,” Pellan said. “Not because Michael Schiavo wants us involved.”

Read the rest.

Related: Scared Monkeys

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11th Will Consider the Schindler's Appeal

AP:

The 11th Circuit will consider granting a hearing. They haven’t said when they will decide if they will or not. Will it be too late? Is it already too late?

In its order late Tuesday, the 11th U.S. Circuit Court of Appeals didn’t say when it would decide whether to grant the hearing. It was not clear what effect reconnecting Terri Schiavo’s feeding tube would have on her, as she approached her 13th day without nourishment.

The order issued allowed Bob and Mary Schindler to file the appeal, even though the court had set a March 26 deadline for doing so.

Its one-sentence order said: “The Appellant’s emergency motion for leave to file out of time is granted.” Twice last week, the court ruled against the Schindlers.

In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law. It also stated that the Atlanta federal appellate court didn’t consider whether there was enough “clear and convincing” evidence that Terri Schiavo would have chosen to die in her current condition.

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The Autopsy

Michael doesn’t have to authorize an autopsy, Michael really doesn’t have any choice in the matter and he can’t refuse an autospy, the Medical Examiner needs to approve the request for a cremation before it happens.

Yesterday, George Felos said “that the chief medical examiner for Pinellas County, Dr. John Thogmartin, had agreed to perform an autopsy.

He said her husband wants definitive proof showing the extent of her brain damage. Michael Schiavo contends his wife told him years ago she would not want to be kept alive artificially under such circumstances.” (Via Fox News).

Michelle Malkin has some more links regarding this announcement and questions that have arisen regarding Terri’s condition.

Last night on Greta Van Susteren, reporter Julie Banderas said that it’s Florida law that an autopsy be performed on any body before cremation. This isn’t precisely true, in the case of a natural death with no questions, the Medical Examiner can approve a cremation without an autopsy, but the Medical Examiner must give approval before a body can be cremated.
At the Pinellas County Medical Examiners website here is the relevant statute: 406.11(1)(c)

A. All requests for cremation must be approved by the Medical Examiner prior to the actual cremation.

1.Before authorizing the irretrievable disposal of a body by cremation, the Medical Examiner must be assured that no future question will arise about the cause or circumstances of the death of the individual.

2. The death, if previously unreported to the Medical Examiner, must first be verified as a non-Medical Examiner case according to Florida Statutes, 406.11

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Liberals are From Mars Conservatives From Venus

E. J. Dionne Jr. has a piece in the Washington Post which examines the current discord between liberals and conservatives. He has a point with the following quote:

Liberals have so little respect for conservatives these days that people on the left are genuinely astonished when people on the right have principled disagreements with each other. The left assumes the right marches in lock step under orders from the White House.

Conservatives have so little respect for liberals that they see every liberal action as inspired by hatred of President Bush, opposition to religion and contempt for people in “the heartland.”

I agree entirely. What I find amusing though is how E. J. seems to elevate himself above the arena of discord, as if he were some reluctant spectator rather than a willing participant. While both sides have contemptuous views of one another, the liberal view is also the one that is perpetuated in the mainstream media as the one that is “correct”, which in turn increases conservatives’ contempt of the liberals.

It’s sort of like a hockey game where the referee is only calling penalties against one team. It often gets out of hand. But I have a feeling E. J. doesn’t watch hockey.

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The MSM's Latest Binge

Have the media kicked the nasty, self destructive habit of anti-Republican partisan hackery in light of Rathergate, Easongate, the predictive reporting of an Iraqi “quagmire” and the vanishing Afghan elections? Like an alcoholic watching his life fall apart while promising himself just one more drink, the political cravings of the MSM are apparently too strong. After years of being schooled by left leaning universities and protected by their comfy cocoon throughout their careers, they simply weren’t equipped with the necessary journalistic integrity to resist the temptation they were about to face.

And so came the Schiavo story. It seemed that telling it straight would have been so easy. It was an amazing story that raised some incredibly thought provoking issues: the inherent problems with the legal system applying civil standards to life and death situations, the “untold” facts about Michael Schiavo that cast doubt on whether he (or anyone else for that matter) should be trusted with the decision to end Terri’s life, the details of competing doctors that suggested Terri may not have been vegetative, but merely disabled. Putting a disabled person to death against her will is earth shattering news. But more importantly, telling it straight was the right thing to do and may have changed the political winds enough for us to ponder whether its right to put someone to death when we’re not really sure if they’re vegetative or if it’s really in accordance with their true wishes.

But with the painful hangover of Bush being credited with spreading democracy in the Middle East still lingering and the enticing prospect of being able to use the story as a wedge issue between Christian and fiscal conservatives/libertarians, it was near impossible for old media to resist.

The first drink came when the media framed the story as a typical “right to die” case, reporting the medical conclusions as fact and portraying the parents as misguided loved ones who just couldn’t let go of a daughter who “died” long ago. Supporters of Terri were cast as religious zealots. Michael Schiavo – he was to be just as much a victim as the parents, with none of those messy allegations of abuse getting in the way. Reporting of his living with another woman was kept to a minimum. There would be no reporting of the timing of his decision to reveal Terri’s “true” wishes which came only after the receipt of proceeds from a legal settlement which was premised on Terri being cared for by Michael ad infinitum.

After a few rounds, the media began covering the “political implications” of the Schiavo story. Not just any political implications, mind you. No, they focused specifically on the Republicans being perceived as capitalizing on Terri’s tragic circumstances for political gain (it didn’t matter that a large number of Democrats voted for the Schiavo legislation). Since this was just another right to die case, the only possible explanation for passing legislation requiring a trial de novo must have been sheer political opportunism. The possibly that it was actually an attempt to correct a grave injustice unfolding before our eyes was scarcely mentioned.

Next came the polls. The media’s equivalent of a good stiff chaser. It wasn’t enough for the media to tell us their narrative. They needed to convince us that we believed in the story. The polls didn’t ask such questions as: “if some doctors believe Terri is in a vegetative state but others say she is not, would you favor removing her feeding tube?” Instead the questions were premised on Terri being vegetative as a fact. But even that may not have produced the desired results, so they slipped in couple of references to Terri being permanently unconscious or in a coma. Apparently they weren’t too concerned about those videos going around of Terri smiling and laughing. But hey, they were already on to their fourth or fifth round and things were starting to get a little crazy.

It didn’t stop there. They reached for the same cheap bottle of tequila that almost did them in once before: the media ran with the talking points memo. Without the memo the media’s narrative only suggested that the Republicans were cold, evil political opportunists. Already intoxicated by their self-fulfilling reporting that Republicans were losing public support, the media decided to go all the way and report specific evidence that was to confirm what they had already inferred. It didn’t matter that the memo had errors on its face, was not authored and was substantively inconsistent with legitimate congressional talking points. Nor did it matter that there appeared to be no evidence that Republicans circulated it or that it appeared to have first surfaced in the hands of Democrats and not Republicans.

I’m not sure if this will be the binge that does them in. But the MSM are surely in a pathetic downward spiral.

UPDATE: For an excellent analysis of the talking points scandal check out John Hinderaker’s piece in the Weekly Standard.

UPDATE II: Michelle Malkin has a good entry on pro life supporters of Terri being treated like freaks.

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