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-   -   Patting the wrists, rolling the eyes. (http://www.lawtalkers.com/forums/showthread.php?t=661)

Mmmm, Burger (C.J.) 03-18-2005 02:10 PM

a new low
 
Quote:

Originally posted by ltl/fb
There's at most $50k left in there. It's basically gone.

I think her parents want her alive because they love the media attention and hob-nobbing with people like the governor. The woman's brain is apparently liquified.
they refuse to believe it's liquified. And they don't like their son in law.

ltl/fb 03-18-2005 02:13 PM

a new low
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
they refuse to believe it's liquified. And they don't like their son in law.
Those are bullshit cover stories, like the husband's explanation that she wouldn't want to be kept alive and that he feels it's wrong to keep her alive when her brain is liquified.

The real reason is, they just want the media attention.

bilmore 03-18-2005 02:13 PM

a new low
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
So why does Congress make every effort to prevent federal courts from taking any kind of jurisdiction over death penalty cases, yet rushes to create jurisdiction (of what sort I have no idea) to hear a case that is purely one of state law (what evidence of desire to die in specific circumstances is necessary) and has absolutely no federal constitutional dimension?
I dunno.

Fuckers.

bilmore 03-18-2005 02:14 PM

a new low
 
Quote:

Originally posted by ltl/fb I think her parents want her alive because they love the media attention and hob-nobbing with people like the governor. The woman's brain is apparently liquified.
Well, they could love her, too.

(ETA. C'mon. She's their daughter. They have docs claiming she hasn't received the proper treatment that could have brought her out of the coma, and that she could still wake. I think the scans have been less than helpful.)

ltl/fb 03-18-2005 02:14 PM

a new low
 
Quote:

Originally posted by bilmore
I dunno.

Fuckers.
Surely you can come up with more than this. You seemed to know an awful lot about the Terri Schiavo case, and that's a less widespread issue than executions.

ltl/fb 03-18-2005 02:15 PM

a new low
 
Quote:

Originally posted by bilmore
Well, they could love her, too.
And her husband could also love her, and not be in it for the big $50k payoff.

I was presenting an alternate theory.

Sexual Harassment Panda 03-18-2005 02:15 PM

a new low
 
Quote:

Originally posted by bilmore
You must know more about this than me, I guess.

Or her doctors.
What do you believe her doctors are saying? My understanding is that they believe she is in an irreversible persistent vegetative state with no chance of recovery. Am I incorrect? Can you provide a cite?

Tyrone Slothrop 03-18-2005 02:16 PM

The Truth Comes Out
 
Quote:

Originally posted by bilmore
To which rules are you referring? (Filibusters haven't been around "forever". As con law goes, they're only about middle-earth-era.)
To take just one example that I found with a very quick Google search, the old blue slips. (Kos is Kos, whatever, but the particulars of this post match what I recall.)

The Senate has traditionally permitted individual Senators to slow things down in various ways. You may think this is good, and you may think it's bad, and you may even change your view from case to case depending on whose ox is being gored, but you can't say that procedures of this sort are unconstitutional because they thwart the will of the majority.

I'll wait here while club goes and looks for something reflecting the framers' abhorrence for parliamentary procedure, etc.

bilmore 03-18-2005 02:17 PM

a new low
 
Quote:

Originally posted by Sexual Harassment Panda
What do you believe her doctors are saying? My understanding is that they believe she is in an irreversible persistent vegetative state with no chance of recovery. Am I incorrect? Can you provide a cite?
A cite? No, I canjust tell you what I remembered reading yeasterday - that there were thirty or so docs signing something that said she could still wake up, that . . . . some other stuff about how the evidence doesn't show it's irreversible. That's all I know. But, this "horrible screaming pain" thingie - you just made that part up, didn't you?

Replaced_Texan 03-18-2005 02:17 PM

a new low
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
they refuse to believe it's liquified. And they don't like their son in law.
As far as I understand it, she has no cerebral cortex. Nothing's there on the catscan. It's literally been replaced with water.

The family says that she'll get better with treatment. The family clearly needs treatment.

The HIPAA issues here are fairly interesting too. I'm wondering how the fuck the family knows anything about her after April 15, 2003. Cuz there's no way in hell he didn't automatically request restrictions on her medical records as soon as the Privacy Rule became effective. I suppose through court orders and subpeonas. I'd hate to be the Privacy Officer in that hospice.

Jesus, just don't let them do this to me.

bilmore 03-18-2005 02:19 PM

a new low
 
Quote:

Originally posted by Replaced_Texan
As far as I understand it, she has no cerebral cortex. Nothing's there on the catscan. It's literally been replaced with water.
My impression was that this isn't the case. If that's true, then, yeah, unplug her. There's nothing after that.

Tyrone Slothrop 03-18-2005 02:19 PM

The Truth Comes Out
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
You mean, like that rule that permits 10 (or so) senators on a committee could prevent a nominee from coming to the floor at all by voting no?
For example. There's nothing in Article I providing expressly for committees, or permitting committees to prevent the full Senate from voting on something.

bilmore 03-18-2005 02:21 PM

a new low
 
Quote:

Originally posted by ltl/fb
Surely you can come up with more than this. You seemed to know an awful lot about the Terri Schiavo case, and that's a less widespread issue than executions.
There's a difference between "know" and "willing to try and explain deviant behavior."

Mmmm, Burger (C.J.) 03-18-2005 02:23 PM

a new low
 
Quote:

Originally posted by bilmore
There's a difference between "know" and "willing to try and explain deviant behavior."
Well, at least teh judge has some nads, and has ordered the tube removed. Kind of an interesting constitutional issue if Congress tries to prosecute anyone acting pursuant to the order on the ground that it frustrates its subpoena.

http://story.news.yahoo.com/news?tmp...maged_woman_47

Sexual Harassment Panda 03-18-2005 02:24 PM

a new low
 
Quote:

Originally posted by bilmore
A cite? No, I canjust tell you what I remembered reading yeasterday - that there were thirty or so docs signing something that said she could still wake up, that . . . . some other stuff about how the evidence doesn't show it's irreversible. That's all I know. But, this "horrible screaming pain" thingie - you just made that part up, didn't you?
Yes, I did. Mostly because I have a visceral response to this entire quandary that arises from some personal experiences I'd rather not get into. I was over the line. But I do wonder at the motivation for federal action to intervene in this particular case.

I wonder how many docs they could get to sign something saying she'll never wake up, or how many would back up the parents' assertion that she is minimally responsive to them, or how many of the thirty or so docs actually examined or treated her.

ltl/fb 03-18-2005 02:25 PM

a new low
 
Quote:

Originally posted by bilmore
There's a difference between "know" and "willing to try and explain deviant behavior."
Deviant?

Re: the 30 doctors who signed something about Terri magically waking up, did the biased article you read mention how many doctors are willing to sign something saying "everything but her brain stem is liquid"? I mean, fuck, the right-to-life people have doctors willing to say almost anything. People who have medical degrees but believe that Jesus can reconstitute a brain if He so chooses.

Replaced_Texan 03-18-2005 02:27 PM

a new low
 
Quote:

Originally posted by bilmore
Well, they could love her, too.

(ETA. C'mon. She's their daughter. They have docs claiming she hasn't received the proper treatment that could have brought her out of the coma, and that she could still wake. I think the scans have been less than helpful.)
These are the 17 expert affidavits filed by her family. Help me find a single one addresses the cerebral cortex issue, much less the validity of the scan. None have examined her, none of them have looked at the scan, and they base their expert opinions on the heavily edited videos provided by her parents. Hell, two claim to be "Dr."s without having any credentials to back the title up.

See more here, and more here.

ETA: The family claims that the speech pathologist is a doctor. Sorry about the mix up. The one with the "doctorate" in neuroscience has a Ph.D. in counseling psychology.

Gattigap 03-18-2005 02:29 PM

The Truth Comes Out
 
Quote:

Originally posted by Tyrone Slothrop
I'll wait here while club goes and looks for something reflecting the framers' abhorrence for parliamentary procedure, etc.
Apparently, the SCt hasn't found it.
  • Although most observers consider it unlikely that the Supreme Court would accept a case about internal Senate rules, the Court did uphold the principle of supermajorities in a case involving local voting rules requiring a majority of 60 percent to pass a measure. The Court’s ruling stated: “Certainly any departure from strict majority rule gives disproportionate power to the minority. But there is nothing in the language of the Constitution, our history, or our cases that requires that a majority always prevail on every issue.” Gordon v. Lance, 403 U.S. 1 at 6 (1971).

liberal wuss website, but whatever, it's a quote to the SCt decision

Mmmm, Burger (C.J.) 03-18-2005 02:30 PM

a new low
 
Quote:

Originally posted by ltl/fb


I was presenting an alternate theory.
I think it probably gos beyond their own need for media attention. Rather, she's become the latest totem in the battle over right to die/sanctity of life debate. Regardless of what she would have wanted given her current situation, I'm comfortable betting it wasn't to be held up as a symbol for the religious right's battle against heathens.

bilmore 03-18-2005 02:30 PM

a new low
 
Quote:

Originally posted by Sexual Harassment Panda
I wonder how many docs they could get to sign something saying she'll never wake up, or how many would back up the parents' assertion that she is minimally responsive to them, or how many of the thirty or so docs actually examined or treated her.
Actually, I just went now and googled her name and "medical evidence." Sounds like her cc is basically gone, which, in my limited knowledge, changes this from "they just want to make sure everything possible has been tried" to "this is just sad."

Ah, well. I think that, were she my kid, I might be going to (almost) the same lengths, mostly out of an unwillingness to accept my kid's death. I can't think of anything harder.

Again, just sad. If there's a bright spot, it's that, without her cc, she ain't feeling no pain.

ltl/fb 03-18-2005 02:31 PM

a new low
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
I think it probably gos beyond their own need for media attention. Rather, she's become the latest totem in the battle over right to die/sanctity of life debate. Regardless of what she would have wanted given her current situation, I'm comfortable betting it wasn't to be held up as a symbol for the religious right's battle against heathens.
No, i know, but I was reacting to the "the husband is just in it for the $$" argument advanced by bilmore, the credulous reader.

Mmmm, Burger (C.J.) 03-18-2005 02:32 PM

The Truth Comes Out
 
Quote:

Originally posted by Gattigap
Apparently, the SCt hasn't found it.
  • Although most observers consider it unlikely that the Supreme Court would accept a case about internal Senate rules, the Court did uphold the principle of supermajorities in a case involving local voting rules requiring a majority of 60 percent to pass a measure. The Court’s ruling stated: “Certainly any departure from strict majority rule gives disproportionate power to the minority. But there is nothing in the language of the Constitution, our history, or our cases that requires that a majority always prevail on every issue.” Gordon v. Lance, 403 U.S. 1 at 6 (1971).

liberal wuss website, but whatever, it's a quote to the SCt decision
Kind of a different issue, no? Last time I checked, local government, if mentioned at all in the Const., is in the 10th amend. Congress, however, is in Article I, and the Const. does specify supermajority voting rules in certain instances (e.g., overrriding vetos, const. amendments). It seems fair to presume that the framers contemplated that tradiotnal majority rule would be the default in Congress.

Tyrone Slothrop 03-18-2005 02:32 PM

a new low
 
Quote:

Originally posted by Replaced_Texan
These are the 17 expert affidavits filed by her family. Help me find a single one addresses the cerebral cortex issue, much less the validity of the scan. None have examined her, none of them have looked at the scan, and they base their expert opinions on the heavily edited videos provided by her parents. Hell, two claim to be "Dr."s without having any credentials to back the title up.

See more here, and more here.
I don't know much about the facts, but I sympathize with bilmore's point. Perhaps they love her. Perhaps they don't want her to die. They're holding on to what they've got (vegetative though it may be).

The point is, we have a variety of laws and procedures to resolve these problems, and everyone -- including the U.S. Congress -- should respect them. At some point, you have to be willing to accept procedural defeat, and that other people have other views, and sometimes the system respects their views instead of yours. Congressional Republicans have a hard time with that.

Which brings us back nicely to judicial filibusters.

bilmore 03-18-2005 02:32 PM

a new low
 
Quote:

Originally posted by ltl/fb
Deviant?

Re: the 30 doctors who signed something about Terri magically waking up, did the biased article you read mention how many doctors are willing to sign something saying "everything but her brain stem is liquid"? I mean, fuck, the right-to-life people have doctors willing to say almost anything. People who have medical degrees but believe that Jesus can reconstitute a brain if He so chooses.
Remember what we do. I can find a doc who will sign an affidavit saying anything I want. They have them on all sides. But, are you willing to interpose your own medical knowledge on this? If twenty docs signed saying her cc was fine, and twenty signed saying it was mush, would you automatically disbelieve the first group?

ltl/fb 03-18-2005 02:32 PM

a new low
 
Quote:

Originally posted by bilmore
Actually, I just went now and googled her name and "medical evidence." Sounds like her cc is basically gone, which, in my limited knowledge, changes this from "they just want to make sure everything possible has been tried" to "this is just sad."

Ah, well. I think that, were she my kid, I might be going to (almost) the same lengths, mostly out of an unwillingness to accept my kid's death. I can't think of anything harder.

Again, just sad. If there's a bright spot, it's that, without her cc, she ain't feeling no pain.
Lotta typing you wasted given you had no fucking clue about the facts.

Makes me oh-so-much-more inclined to accept your judgment in those things you opine on that I actually DON'T know anything about.

Way to boost your credibility.

Not Bob 03-18-2005 02:34 PM

a new low
 
Quote:

Originally posted by ltl/fb
There's at most $50k left in there. It's basically gone.

I think her parents want her alive because they love the media attention and hob-nobbing with people like the governor. The woman's brain is apparently liquified.
Nah. It's their religious belief (them Catholics don't like the removal of feeding/hydration tubes) combined with their understandable unwillingness to give up any hope while their daughter still breathes.

I don't really blame the parents. I blame the people who are using them to pander. Jeb Bush is all about the culture of life, and the whole Catholic agenda (he converted to Catholicism when he got married) -- except when it comes to signing death warrants, that is.

bilmore 03-18-2005 02:38 PM

a new low
 
Quote:

Originally posted by ltl/fb
Makes me oh-so-much-more inclined to accept your judgment in those things you opine on that I actually DON'T know anything about.
I thought i made it fairly clear that I was passing on what I had read - because there was confusion about what was being done or claimed? Note how I stated a couple of times my overall lack of knowledge about the whole thing, but that I had read certain things?

So now, having read more, I have formed my own beliefs about the right and wrong - but my answers earlier are still valid.

ltl/fb 03-18-2005 02:38 PM

a new low
 
Quote:

Originally posted by Not Bob
Nah. It's their religious belief (them Catholics don't like the removal of feeding/hydration tubes) combined with their understandable unwillingness to give up any hope while their daughter still breathes.

I don't really blame the parents. I blame the people who are using them to pander. Jeb Bush is all about the culture of life, and the whole Catholic agenda (he converted to Catholicism when he got married) -- except when it comes to signing death warrants, that is.
I actually do not blame the parents. I feel bad/sad for them. I was, as I said somewhere, reacting to bilmore's assertion that the husband is just in it for the money.

Mmmm, Burger (C.J.) 03-18-2005 02:39 PM

a new low
 
Quote:

Originally posted by bilmore
Remember what we do. I can find a doc who will sign an affidavit saying anything I want. They have them on all sides. But, are you willing to interpose your own medical knowledge on this? If twenty docs signed saying her cc was fine, and twenty signed saying it was mush, would you automatically disbelieve the first group?
If a jury votes to convict and sentence to death a murderer, and the murderer gets a direct appeal, a collateral state appeal, and then an opportunity to prove in federal court that the evidence or trial procedure was flawed, and then gets to appeal for clemency to the governor, I don't care what 20 "experts" say--they've gotten plenty of chances. Schiavo's family has gotten far more chances than any murderer (of course, she wasn't a murderer). But the point is ultimately the same--at some point, a person has exhausted all reasonable avenues to persuade someone that they're right. They've failed to, and continuing to pursue it through any channel is undignified and disrespects the very person they're purporting to "save".

Tyrone Slothrop 03-18-2005 02:39 PM

The Truth Comes Out
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
Kind of a different issue, no? Last time I checked, local government, if mentioned at all in the Const., is in the 10th amend. Congress, however, is in Article I, and the Const. does specify supermajority voting rules in certain instances (e.g., overrriding vetos, const. amendments). It seems fair to presume that the framers contemplated that tradiotnal majority rule would be the default in Congress.
But Article I also empowers each House to establish its own Rules, and these rules plainly may have the effect of preventing the majority from voting in favor of something. That surely was understood by the framers, since it was a robust feature of the English parliamentary tradition on which they drew.

bilmore 03-18-2005 02:39 PM

a new low
 
Quote:

Originally posted by ltl/fb
. . . bilmore's assertion . . .
You have the wilfull reading comprehension of a doughnut.

Replaced_Texan 03-18-2005 02:40 PM

a new low
 
Quote:

Originally posted by bilmore
Remember what we do. I can find a doc who will sign an affidavit saying anything I want. They have them on all sides. But, are you willing to interpose your own medical knowledge on this? If twenty docs signed saying her cc was fine, and twenty signed saying it was mush, would you automatically disbelieve the first group?
The thing is no one said it was fine and the cerebral cortex wasn't mush. Not one of those 17 experts touched the finding of the court that the cerbral cortex is basically liquid. The closest any of the "experts" would go on the cerebral cortex issue is that maybe there are other tests than catscans and MRIs.

Mmmm, Burger (C.J.) 03-18-2005 02:41 PM

The Truth Comes Out
 
Quote:

Originally posted by Tyrone Slothrop
But Article I also empowers each House to establish its own Rules, and these rules plainly may have the effect of preventing the majority from voting in favor of something. That surely was understood by the framers, since it was a robust feature of the English parliamentary tradition on which they drew.
I acknowledged that. I was just telling gatti his blog-provided analogy was completely inapt.

ltl/fb 03-18-2005 02:41 PM

a new low
 
Quote:

Originally posted by bilmore
You have the wilfull reading comprehension of a doughnut.
You have the critical reading facilities of a donut. We are a great match.

bilmore 03-18-2005 02:44 PM

a new low
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
If a jury votes to convict and sentence to death a murderer, and the murderer gets a direct appeal, a collateral state appeal, and then an opportunity to prove in federal court that the evidence or trial procedure was flawed, and then gets to appeal for clemency to the governor, I don't care what 20 "experts" say--they've gotten plenty of chances. Schiavo's family has gotten far more chances than any murderer (of course, she wasn't a murderer). But the point is ultimately the same--at some point, a person has exhausted all reasonable avenues to persuade someone that they're right. They've failed to, and continuing to pursue it through any channel is undignified and disrespects the very person they're purporting to "save".
Whose right are you describing? Who argued on her behalf? Hubby wanted her dead, and parents were essentially told "no standing" at certain key points. Look, I agree at this point with these results - But there's two very different burdens here for the gov to meet.

And, "disrespect"? If she's truly brain dead, she's not going to care, and if she's not truly brain-dead, "disrespect" might be a small price to pay.

Spanky 03-18-2005 02:45 PM

Quote:

Originally posted by ltl/fb
Why on earth didn't you make an effort to keep him out of the no-guy area? And why didn't the girl take him out of that area if she was so into him?
1) Being in the no guy area was the best place to be. The thing I forgot to tell him is that the bouncers could be ignored. You didn't have to beat them up.

2) That is a Japanese cultural questions that would just take to long to explain. But a Japanese girl would never show that kind of iniative.

Not Bob 03-18-2005 02:46 PM

a new low
 
Quote:

Originally posted by ltl/fb
I actually do not blame the parents. I feel bad/sad for them. I was, as I said somewhere, reacting to bilmore's assertion that the husband is just in it for the money.
So I see. Sorry. Well, um, carry on then.

(note to self: STP, Not Bob, STP.)

Mmmm, Burger (C.J.) 03-18-2005 02:46 PM

a new low
 
Quote:

Originally posted by bilmore

And, "disrespect"? If she's truly brain dead, she's not going to care, and if she's not truly brain-dead, "disrespect" might be a small price to pay.
So you're indifferent, when you die, between a proper burial or cremation, and being left out by a dumpster?

BTW, her parents got a majority of the state legislature to pass a bill protecting her, which was found unconstitutional. I hardly think they've been denied standing--they've lost the argument that her husband, not they, are the first person to whom the court should look to discern her wishes.

bilmore 03-18-2005 02:47 PM

a new low
 
Quote:

Originally posted by Not Bob
So I see. Sorry. Well, um, carry on then.

(note to self: STP, Not Bob, STP.)
Wouldn't have helped. That's not what I said.

bilmore 03-18-2005 02:49 PM

a new low
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
So you're indifferent, when you die, between a proper burial or cremation, and being left out by a dumpster?
Me? Yeah, except for the impact it might have on my survivors. SHould we judge TS's case by the impact on her parents?

Quote:

BTW, her parents got a majority of the state legislature to pass a bill protecting her, which was found unconstitutional. I hardly think they've been denied standing--they've lost the argument that her husband, not they, are the first person to whom the court should look to discern her wishes.
If she got 80,000 people to cheer for her at the Super Bowl, it would be touching, but, since they can have no effect on the results, I think her standing problem remains.


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