Re: GREER ORDERS DEATH WITHOUT DUE PROCESS BEING AFFORDED
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Posted by Dan on March 23, 2005 at 21:59:12
In Reply to: GREER ORDERS DEATH WITHOUT DUE PROCESS BEING AFFORDED
posted by john w k on February 25, 2005 at 13:15:27:
The situation of Mrs. Schiavo is indeed tragic, but the far greater tragedy is
Public Law 109-3, which has served to perhaps irreparably upset the balance
of powers between the legislature and the judiciary. We are fortunate that the
Federal court for the Middle District of Florida recognized that they maintain
the latitude to make their own decisions regarding injunctions and relief
therefrom. We are terribly unfortunate insofar as the Congress has seen fit to
dictate a course of action to our Federal judges.As to the question of a trial by jury, Mrs. Schiavo has doubtless received her
day in court. A jury trial is neither necessary nor appropriate in this case. The
case has essentially two components: a determination of custody and a
determination of fact. With regard to the custody decision, it is abundantly
clear that Mrs. Schiavo's husband has guardian power to act on behalf of his
incapacitated wife. With regard to the finding of fact, it is well within the
purview of the judicial system to allow the parties involved to waive their right
to a jury trial.Since Mrs. Schiavo is incapable of making her wishes known currently, the
question of "what would Terri want?" is unanswerable and therefore moot. Just
as in the case of determining the custody of a minor child, the Court has the
right to speak on behalf of those who cannot legally speak for themselves. This
is not a denial of due process; it is a practical means of providing due process
in difficult cases.The fundamental problem here is one of constitutionality. The Florida court
system has been adjudicating this case for more than a decade. The judges
involved are infinitely more familiar with the facts and evidence than any group
of legislators in Tallahassee or Washington. Their rulings should be respected,
and Mrs. Schiavo should be allowed to finish her life in quiet dignity rather than
as the showpiece in a political and journalistic circus.Regards,
Dan Seifert