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

Replaced_Texan 03-23-2005 03:42 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
One wonders what went wrong in the GOP judge reeducation workshop. Senator Frothy Mixture of Fecal Matter and Lube is gonna be pissssssed.

Whoa
Quote:

In a 10-2 decision, the 11th U.S. Circuit Court of Appeals (news - web sites) refused Bob and Mary Schindler's request for an "expedited rehearing" by the full court. A three-judge panel from the same court ruled against the family earlier Wednesday.
I'm guessing that Justice Kennedy will be hearing shortly from the Schindler family.

Tyrone Slothrop 03-23-2005 03:44 PM

for Spanky
 
Quote:

Originally posted by Spanky
He stole all my ideas (or at least ideas I stole from somewhere else). Can I sue him or something?
He has a Nobel Prize, so he's pretty much authorized to steal stuff. At least I think that's the way it works.

Tyrone Slothrop 03-23-2005 03:47 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by Replaced_Texan
Whoa
Does anyone know if the Full Faith & Credit Clause obliges the federal government to respect state judgments?

Secret_Agent_Man 03-23-2005 03:49 PM

Quality Control at CBSNews.com
 
Quote:

Originally posted by Hank Chinaski
You do have a court saying, based upon testimony, we believe she did want to die. But there is a huge problem with hearsay. "State of mind" doesn't answer that- SOM isn't an exception if it is the ultimate issue, and plus the SOM months or years earlier is of little value here. Of course evidence decisions are for the courts, but this one seems pretty suspect.
Your points are legitimate -- but your statements about the SOM hearsay exception under FRE 803 [or the state equivalent] are incorrect. You also seem to miss the point that even a written living will is no more than hearsay evidence of then-existing state of mind. [Though it is much more reliable hearsay because it is written, notarized and signed.]

In the absence of evidence that one has changed one's views -- by either revoking a living will or, in the absence of a document, making contradictory verbal statements at a later date -- the most recent evidence of state of mind is properly presumed to hold. I think that is the right result.

I'm not in favor of a system where one must be sustained forever (unless everyone quietly agrees to secretly pull the plug). We had that already. I also think that, while a written directive is to be strongly encouraged -- it should not necessarily be required. Thus, we're stuck with messy fact-finding situations.

S_A_M

bilmore 03-23-2005 03:50 PM

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Quote:

Originally posted by Tyrone Slothrop
Does anyone know if the Full Faith & Credit Clause obliges the federal government to respect state judgments?
Public policy exception?

bilmore 03-23-2005 03:51 PM

Quality Control at CBSNews.com
 
Quote:

Originally posted by Secret_Agent_Man
You also seem to miss the point that even a written living will is no more than hearsay evidence of then-existing state of mind. [Though it is much more reliable hearsay because it is written, notarized and signed.]
Side note only - this is why you want some form of durable power of attorney to accompany any living will document.

Tyrone Slothrop 03-23-2005 03:53 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by bilmore
Public policy exception?
I know there is one, but how can you argue with a straight face that a public policy exception applies when you're talking about federal legislation designed to apply to only one person?

sgtclub 03-23-2005 03:57 PM

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Quote:

Originally posted by Replaced_Texan
One wonders what went wrong in the GOP judge reeducation workshop. Senator Frothy Mixture of Fecal Matter and Lube is gonna be pissssssed.

This Schiavo matter may have been the straw that broke the camel's back for me. I may have to change my registration.

Shape Shifter 03-23-2005 04:00 PM

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Quote:

Originally posted by sgtclub
This Schiavo matter may have been the straw that broke the camel's back for me. I may have to change my registration.
It is truly disgraceful. This whole affair sickens and disgusts me.

SlaveNoMore 03-23-2005 04:02 PM

Ah, Grandstanding!
 
Quote:

Tyrone Slothrop
Do you think there should be a right to assisted suicide, or do you just disbelieve the evidence and finding that Terry Schiavo would have wanted to be taken off life support in these circumstances?
Do you think I really care one iota about this, other than seeing a few lefty posters on here getting their knickers in a twist?

Greedy,Greedy,Greedy 03-23-2005 04:03 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by sgtclub
This Schiavo matter may have been the straw that broke the camel's back for me. I may have to change my registration.
I suspect many blue-state Republicans feel this way, but I think Schiavo is all about emotional appeals to the red state base.

bilmore 03-23-2005 04:03 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by Tyrone Slothrop
I know there is one, but how can you argue with a straight face that a public policy exception applies when you're talking about federal legislation designed to apply to only one person?
Me? Personally? I don't do anything with a straight face.

(Especially defending this new federal coup.)

Greedy,Greedy,Greedy 03-23-2005 04:05 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by Replaced_Texan
One wonders what went wrong in the GOP judge reeducation workshop. Senator Frothy Mixture of Fecal Matter and Lube is gonna be pissssssed.

Whoa


I'm guessing that Justice Kennedy will be hearing shortly from the Schindler family.
I think this reflects the fact that judges have been struggling with these issues for a long time in case after anonymous case. I think the judiciary probably feels they've worked through many of the toughest issues and have a modus operandi of dealing with them.

We will see if there is any move now to start changing the modus operandi with legislation.

Secret_Agent_Man 03-23-2005 04:09 PM

Quality Control at CBSNews.com
 
Quote:

Originally posted by bilmore
Side note only - this is why you want some form of durable power of attorney to accompany any living will document.
Yes. My wife and I both have DHCPOAs (for each other) with living will directives written into the text.

(Interesting (to me) differences in the directives.)

Anyhow, while I disagree with you somewhat on the "where's the harm" analysis, RT has said it better so I'll remain still on that point.

I do think you are, for whatever reason, putting high value on the emotions and desires of the parents and low value on the emotions and desires of the husband. While I understand he's not a hard man to dislike, I have at least as much sympathy for his position as theirs. Perhaps because my kids are very young, I see this through the "What if it were my wife?" framework rather than the "What if it were my child?".

[NB: Schiavo's attorney says he is with his wife at the hospice, and intends to remain there until she dies. That sugests to me that he believes in what he's doing.]

I have a very good relationship with all of my in-laws, so I doubt this could ever happen in my family (plus we have DHCPOAs). But -- if she was ever in such a state, I would probably keep her around until past the time I'd lost all hope but couldn't admit it (probably in violation of her living will). Still I think 3-4 years -- as in this case -- would certainly do it.

Then, once I had decided, I'd see that her wishes were carried out. If her family tried to stop me, because they wanted to tend to her meat, I would do as I believed she had wished. After the first time they suggested I was in it for her life insurance policy, or had "abandoned" her, I would no longer feel bad about crushing them in a court of law.

As to why they didn't just walk away -- I think that's a question one can ask of the parents as well as the husband. I think you'd get the same answer.

S_A_M

ltl/fb 03-23-2005 04:10 PM

for Spanky
 
Quote:

Originally posted by Spanky
He stole all my ideas (or at least ideas I stole from somewhere else). Can I sue him or something?

Over at the Becker/Posner blog, Gary Becker assesses the state of thinking about the relationship between political and economic freedoms:


Since both economic and political freedoms are highly valued, it is essential to understand how they interact as nations evolve. The history of different countries during the past century strongly indicates that economic freedoms over time typically push societies toward political freedoms. To take a few examples, South Korea, Taiwan, and Chile all started their economic development under military regimes. Korea and Taiwan both began freeing their economies around 1960 after centralized direction of their economies failed to produce economic growth. Chile began opening its economy under General Pinochet in 1981, also after his centralized approach to the Chilean economy failed. Within two decades, all three nations had achieved, or were moving rapidly toward, political democracies, with vibrant competition for elections among competing parties, and a mainly free press.

The path from political to economic freedom, by contrast, is slower and more uncertain. It took India over four decades to begin to loosen its extensive controls over private companies, labor markets, start-ups, imports from abroad, and numerous other activities. It still has a long way to go. Mexico has had a free press and considerable political freedom for a century or so, but economic freedoms did not begin to evolve until the latter part of the 1980’s. Israel has fierce competition among political parties, but continues to have an overly controlled economy.
Who knew Becker had such a big forehead?

Secret_Agent_Man 03-23-2005 04:11 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by sgtclub
This Schiavo matter may have been the straw that broke the camel's back for me. I may have to change my registration.
Welcome!

S_A_M

Gattigap 03-23-2005 04:12 PM

Ah, Grandstanding!
 
Quote:

Originally posted by SlaveNoMore
Do you think I really care one iota about this, other than seeing a few lefty posters on here getting their knickers in a twist?
Ah. Well, color me embarrassed.

I didn't think of you as a troll before, but if that's your goal, consider it done. Have fun. Peace out.

Tyrone Slothrop 03-23-2005 04:20 PM

Ah, Grandstanding!
 
Quote:

Originally posted by SlaveNoMore
Do you think I really care one iota about this, other than seeing a few lefty posters on here getting their knickers in a twist?
STP -- "righty", you mean.

sgtclub 03-23-2005 04:22 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by Secret_Agent_Man
Welcome!

S_A_M
To what?

sgtclub 03-23-2005 04:23 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by Greedy,Greedy,Greedy
I suspect many blue-state Republicans feel this way, but I think Schiavo is all about emotional appeals to the red state base.
Gallop did a poll - All groups, DEMS, GOP and Independents, polled believe by healthy margins that she shold be permitted to die.

Greedy,Greedy,Greedy 03-23-2005 04:25 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by sgtclub
Gallop did a poll - All groups, DEMS, GOP and Independents, polled believe by healthy margins that she shold be permitted to die.
Even if you just consider Republicans in red states who call themselves conservative Christians and worship Tom DeLay as the second coming?

You've got to think of the core constituency.

sgtclub 03-23-2005 04:30 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by Greedy,Greedy,Greedy
Even if you just consider Republicans in red states who call themselves conservative Christians and worship Tom DeLay as the second coming?

You've got to think of the core constituency.
I realize that. It just seems odd to take this on when a strong majority of your party disagrees with it.

Tyrone Slothrop 03-23-2005 04:35 PM

Who's your daddy, Hank?
 
George Bush, 10/29/04:
  • Unfortunately – unfortunately, my opponent, tonight, continued to say things he knows are not true – accusing our military of passing up a chance to get Osama bin Laden in Tora Bora. As the Commander in charge of that operation, Tommy Franks had said, it’s simply not the case.

Hank Chinaski, 10/20/04:
  • General Franks takes my side on the Tora Bora issue. Does this mean I win?

    Quote:

    First, take Mr. Kerry's contention that we "had an opportunity to capture or kill Osama bin Laden" and that "we had him surrounded." We don't know to this day whether Mr. bin Laden was at Tora Bora in December 2001. Some intelligence sources said he was; others indicated he was in Pakistan at the time; still others suggested he was in Kashmir. Tora Bora was teeming with Taliban and Qaeda operatives, many of whom were killed or captured, but Mr. bin Laden was never within our grasp.

Associated Press, 3/23/05:
  • A terror suspect held at Guantanamo Bay, Cuba, helped the al-Qaida leader escape his mountain hide-out at Tora Bora in 2001, according to a U.S. government document.

    The document, provided in response to a Freedom of Information request, says the unidentified detainee ''assisted in the escape of Osama bin Laden from Tora Bora.'' It is the first definitive statement from the Pentagon that bin Laden was at Tora Bora and evaded U.S. pursuers.

The lesson: Lying works!

Sexual Harassment Panda 03-23-2005 04:36 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by sgtclub
I realize that. It just seems odd to take this on when a strong majority of your party disagrees with it.
It's a chance to add to your right-to-life credentials with minimal political cost. Plus, DeLay needs something to distract everyone from his ethical lapses, and Bill Frist wants W's Christian bloc in '08.

bilmore 03-23-2005 04:37 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by sgtclub
Gallop did a poll - All groups, DEMS, GOP and Independents, polled believe by healthy margins that she shold be permitted to die.
Unfortunately, most people thought they were being asked about Barbara Streisand.

Replaced_Texan 03-23-2005 04:37 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by sgtclub
I realize that. It just seems odd to take this on when a strong majority of your party disagrees with it.
My guesses are as follows:

1.) Activists! Activists! in the Judicary.

2.) Distraction. 2 year anniversary of Iraq war. Social Security "reform" sort of sputtering. The House Majority Leader's small ethical problems that seem to mount daily. You're the only one as far as I can tell that's not been distracted by this whole thing.

3.) Most importantly. Pissed off religious right that was threatening to loudly bolt because ya'll were spending too much time on stuff like bankruptcy and social security and North Korea when you should have been saving the soul of the nation. They brought in the votes but weren't seeing no love. Ya gotta dance with those what brung you and all that.

bilmore 03-23-2005 04:40 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by Replaced_Texan
My guesses are as follows:

1.) Activists! Activists! in the Judicary.

2.) Distraction. 2 year anniversary of Iraq war. Social Security "reform" sort of sputtering. The House Majority Leader's small ethical problems that seem to mount daily. You're the only one as far as I can tell that's not been distracted by this whole thing.

3.) Most importantly. Pissed off religious right that was threatening to loudly bolt because ya'll were spending too much time on stuff like bankruptcy and social security and North Korea when you should have been saving the soul of the nation. They brought in the votes but weren't seeing no love. Ya gotta dance with those what brung you and all that.
Does your analysis allow for room for people who are sincerely troubled by society's seemingly coarsening attitudes towards the sanctity of life? Who are maybe choosing the wrong case in which to speak up, but whose motives are something a bit more honorable than how you characterize them?

ltl/fb 03-23-2005 04:41 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by bilmore
Unfortunately, most people thought they were being asked about Barbara Streisand.
Awww, did they not incwude oozums, ickle bunny boy? Maybe you should fax your officey-wofficy number to all the pollster-wollsters.

sgtclub 03-23-2005 04:42 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by Replaced_Texan
My guesses are as follows:

1.) Activists! Activists! in the Judicary.

2.) Distraction. 2 year anniversary of Iraq war. Social Security "reform" sort of sputtering. The House Majority Leader's small ethical problems that seem to mount daily. You're the only one as far as I can tell that's not been distracted by this whole thing.

3.) Most importantly. Pissed off religious right that was threatening to loudly bolt because ya'll were spending too much time on stuff like bankruptcy and social security and North Korea when you should have been saving the soul of the nation. They brought in the votes but weren't seeing no love. Ya gotta dance with those what brung you and all that.
I disagree on #2. The war is a positive for this administration right now, and no one gives a shit about Delay, other than you.

On #3, I'd say "stay home" instead of bolt. They're not going to the other side.

Greedy,Greedy,Greedy 03-23-2005 04:43 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by bilmore
Does your analysis allow for room for people who are sincerely troubled by society's seemingly coarsening attitudes towards the sanctity of life? Who are maybe choosing the wrong case in which to speak up, but whose motives are something a bit more honorable than how you characterize them?
You know, I count myself among these, and I am a Dem who could support legislation that took a different tact than pure self-determination in plug-pulling.

But the circus over this poor woman and her family, and the way Congress (with little opposition from the Dems, by the way), the President, and brother Jeb have handled it, is just downright disgusting, opportunist, and unprincipled.

sgtclub 03-23-2005 04:43 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by bilmore
Does your analysis allow for room for people who are sincerely troubled by society's seemingly coarsening attitudes towards the sanctity of life? Who are maybe choosing the wrong case in which to speak up, but whose motives are something a bit more honorable than how you characterize them?
I'm troubled by it, but as long as we allow people to choose to refuse medical treatment, this is not an issue in this case.

bilmore 03-23-2005 04:51 PM

Interesting info
 
Here's a different take on the brain scan stuff that I hadn't seen before, written in a fairly well-respected doc's blog. He strongly disagrees with the current accepted line on the decomposed CC. Brain scans included so you can play along.

(If he's a quack, someone tell me. It's my impression that he's not.)

http://codeblueblog.blogs.com/codebl...dblogs_co.html

Replaced_Texan 03-23-2005 04:52 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by bilmore
Does your analysis allow for room for people who are sincerely troubled by society's seemingly coarsening attitudes towards the sanctity of life? Who are maybe choosing the wrong case in which to speak up, but whose motives are something a bit more honorable than how you characterize them?
Not really, because I was mainly looking at Congress and the President's actions. I don't really think of that level of politician as particularly moral.

ETA: And because the Dems in the House were merely told "vote your conscious." The Republican talking points aren't exaclty something to be proud of.

Mmmm, Burger (C.J.) 03-23-2005 05:02 PM

Quality Control at CBSNews.com
 
Quote:

Originally posted by sgtclub
I did. What's your point?
That your questions were addressed repeatedly over the past few days, by, among others, RT and me.

Mmmm, Burger (C.J.) 03-23-2005 05:09 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by Tyrone Slothrop
Does anyone know if the Full Faith & Credit Clause obliges the federal government to respect state judgments?
When you say gov't, you mean the judiciary, which has developed doctrines such as Rooker-Feldman, to do essentially that? Or do you mean Congress, which is all-powerful and is free to ignore almost any result a state reaches?

sgtclub 03-23-2005 05:10 PM

Quality Control at CBSNews.com
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
That your questions were addressed repeatedly over the past few days, by, among others, RT and me.
I didn't have any questions, but thanks for the tip.

ltl/fb 03-23-2005 05:13 PM

Quality Control at CBSNews.com
 
Quote:

Originally posted by sgtclub
I didn't have any questions, but thanks for the tip.
I would rephrase what Burger said as "because what you say is what so many other people have said on here over the past few days, over and over again, and so you are repetitive and boring and could have just done a "2" post in response to one of the many, many posts that said what you bothered to write a whole paragraph on. And the tone of your post was that everyone on here wasn't smart enough to figure out what you had the brilliant insight to see. It was kind of bilmore-esque, in the worst sense of bilmore-esqosity -- not even punny."

bilmore 03-23-2005 05:16 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by ltl/fb
Awww, did they not incwude oozums, ickle bunny boy? Maybe you should fax your officey-wofficy number to all the pollster-wollsters.
There are times when I can discern, through the haze, what points you were attempting to make, and then sort of charitably give you credit for them.

I can't even do that for this one.

Tyrone Slothrop 03-23-2005 05:22 PM

Activists! Activists! Get them off of the Judiciary! Activists!
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
When you say gov't, you mean the judiciary, which has developed doctrines such as Rooker-Feldman, to do essentially that? Or do you mean Congress, which is all-powerful and is free to ignore almost any result a state reaches?
I meant Congress, inasmuch as Article IV doesn't refer only to certain branches of the federal government. But it would appear to apply to states respecting other states' judgment, as opposed to a decision by the federal government to undo retroactively a state judgment.

Replaced_Texan 03-23-2005 05:28 PM

Interesting info
 
Quote:

Originally posted by bilmore
Here's a different take on the brain scan stuff that I hadn't seen before, written in a fairly well-respected doc's blog. He strongly disagrees with the current accepted line on the decomposed CC. Brain scans included so you can play along.

(If he's a quack, someone tell me. It's my impression that he's not.)

http://codeblueblog.blogs.com/codebl...dblogs_co.html
Dunno. I see him cited on Grand Rounds from time to time (btw, that's a great medical blog round up every week, I try not to miss it).

This is one of the neurologists who testified in the case. I would hope that he had more than just access to this single CT scan.

BTW, the privacy stuff is beginning to piss me off. I realize that the trial was before April 14, 2003, but it irritates my HIPAA compliant sensibiliites that someone's medical records are all over the internet like this. I really, really feel sorry for the privacy officer in that nursing home.


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