Dominus vobiscum et con spiritu tuo...
Shes passed to a better world...why are we beating a dead horse....
And for those who critisize the Judges decision, read this from the Fla District appeals Court...
"For those of us who are not trained physicians and who do not deal on a
daily basis with patients in vegetative states, or with the difficult decision to remove lifesustaining
treatment, the images of Mrs. Schiavo's face are haunting. But the images
-8-
do not reveal the full extent of the devastation to her brain and her inability to engage in
cognition. Dr. Wolfson, the guardian who was appointed at the request of the Governor,
visited Mrs. Schiavo many times in 2003. He was unable to independently observe any
"consistent, repetitive, intentional, reproducible interactive and aware activities." His
report does not challenge the now well-established medical diagnosis that Mrs.
Schiavo's movements are merely reflexive. As he explained: "This is the confusing
thing for the lay person about persistent vegetative states."
Our previous statements on the matter apply with undiminished relevancy
in this appeal:
The judges on this panel are called upon to make a
collective, objective decision concerning a question of law.
Each of us, however, has our own family, our own loved
ones, our own children. From our review of the videotapes
of Mrs. Schiavo, despite the irrefutable evidence that her
cerebral cortex has sustained the most severe of irreparable
injuries, we understand why a parent who had raised and
nurtured a child from conception would hold out hope that
some level of cognitive function remained. If Mrs. Schiavo
were our own daughter, we could not but hold to such a
faith.
But in the end, this case is not about the aspirations that
loving parents have for their children. It is about Theresa
Schiavo's right to make her own decision, independent of her
parents and independent of her husband. In circumstances
such as these, when families cannot agree, the law has
opened the doors of the circuit courts to permit trial judges to
serve as surrogates or proxies to make decisions about lifeprolonging
procedures. See In re Guardianship of Browning,
568 So. 2d 4 (Fla. 1990) (affirming In re Guardianship of
Browning, 543 So. 2d 258, 273-74 (Fla. 2d DCA 1989)); see
also § 765.401(3), Fla. Stat. (2000). It is the trial judge's
duty not to make the decision that the judge would make for
himself or herself or for a loved one. Instead, the trial judge
must make a decision that the clear and convincing evidence
shows the ward would have made for herself. § 765.401(3).
It is a thankless task, and one to be undertaken with care,
objectivity, and a cautious legal standard designed to
promote the value of life.
Schiavo IV, 851 So. 2d at 186-87.
We are well aware that many people around the world disagree with the
trial court's decision. However, when he became a judge, the trial court judge took an
oath, required by the Florida Constitution, to obey the rule of law and the constitution of
this state. The trial judge followed and obeyed the law as set out by the precedent of
the Supreme Court of Florida and by the general laws adopted by the Legislature. The
trial judge made this most difficult decision after fully considering the evidence and
applying a heightened standard of proof that is designed to protect society's interest in
sustaining life.
It is important for all to understand that the Florida Constitution has long
been interpreted to authorize the process used by the trial court in this case. The
legislature has passed general laws implementing these constitutional rights.3 Neither
the trial court nor this court can change this established law at this stage of these
proceedings. No one who considers the dismal history of countries in which courts and
judges have abandoned the rule of law would ask us to abandon the rule of law even inthis case."
You werent there I wasnt there, Judge Greer was. hes the one that must live with the decsion. Ya dont like the result, work to change thge law. In the interim, all of the yabbering bullshit and slandering tossed around does a diservice to the life of this woman.
WildsigningoffAlaska
