musicman said:
Perhaps the fact that this case kicked around in the system for so long indicates less that it's been heard and heard and heard, than that it has been a juridisctional hot potato. The only true "finding" by any of these courts - in all this time - has been the upholding of Judge Greer as the sole finder of fact. Is that right and proper? Did Greer preclude the introduction of important evidence in a capricious manner? Did the state and federal court systems fail Terri Schiavo, in the most permanent, irreparable sense imaginable? Beats the shit out of me. What do I know?
But surely you'll concede that all of these questions presented Congress with a unique problem. A perfectly plausible possibility existed that an American was about to be deprived of her life without due process. When that possibility exists, states rights are out the window. The Federal Government's duty is clear - the U.S. Constitution MUST prevail. And, let's add to this already convoluted mix the fact that the clock was ticking - had been for some time - on an innocent person's life. Frankly, I don't see where Congress had a choice.
I hear you about the Greer court and being upheld. I think there were areas that could have been looked at. One must remember though, that in our system of government, there are ways to address problems-the federal legislature was NOT the correct venue for this case.
It should have been addressed to the FL legislature, as soon as 'Terri's Law' was declared unconstitutional. Instead it appears that the Governor and parents mistakenly seemed to decide that keeping it in court would delay the inevitable-and that was why the decisions to uphold that Greer was the 'determiner' of the 'finding of fact' was so important. Sadly, the wrong decisions were made early on, which resulted in the death of Terri.
It brings to mind a quote I remember hanging in the library in high school:
"Lack of planning on your part does not constitute an emergency on mine." In this case, the repurcussions were life altering.
Sound legal advice and listening to it are of the utmost importance. I recall working at 'Illinois Bell' when the justice decree was handed down on AT&T, leading to the breakup of the Bell System. Bottom line, it was bad advice from the attorneys on dealing with the Government.
The lawyers wanted court. At the 11th hour they realized the problem was with the legislature-Congress. Top notch lawyers, natch! Great in court, important people indeed. The partners were handling, AT&T not being a client in these circumstances to hand off to associates. With the dawning realization that Congress was the place to deal with, the lawyers demanded to meet with Senators, never realizing the Senators were clueless to the nuances of what was happening, their 'staffers' were the ones with the intel. The lawyers never dreamed of dealing with the 'staffers' and lost-big time!
Such are the machinations of our system. Not perfect by a long shot, but I've yet to see something better.