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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Friday, March 25, 2005 ::
    Jan LaRue, Chief Counsel, Concerned Women for America: "Too Bad Terri's Not a Terrorist or a Condemned Murderer." Excerpts:
    What lawyer wouldn’t challenge probable cause for a search warrant based on the kind of stale and highly suspect hearsay that Judge Greer found to be clear and convincing evidence of Terri’s wishes, sufficient for him to order her death?...

    There’s constant harping about how many judges have reviewed Terri’s case. So what? None of them has reviewed the evidence to see if, as a matter of law, it’s sufficient to sustain the court’s orders. That’s what Congress ordered to be done in “Terri’s law.” But it wasn’t.

    Suddenly it’s all about state rights and limiting review to state courts and federalism. And how dare Congress interfere by enacting a statute that gives Terri the same kind of federal review that Scott Peterson will have? The reason “Terri’s law” applies only to her is because the Senate Democrats refused to agree to unanimous consent to pass a bill unless it applied only to Terri. How convenient that they now blame Republicans who wanted a bill that would apply to anyone in Terri’s circumstances.

    ...Even if we knew that's what Terri wants, Florida law makes aiding and abetting a suicide a felony, and there's no black-robed exemption.

    Terri Schiavo isn’t dying from a disease, she isn’t on a ventilator, she doesn’t meet Florida’s definition of “persistent vegetative state,” and she committed no crime. She’s being killed by a judge on the flimsiest of evidence.

    Some missing advocates need to step up to the Bar.
    EDITED TO ADD: Though "persistent vegetative state" is a term used in the code of Florida and perhaps of other states, it is out place in the legal lexicon of any civilized polity, at least as applied to human beings. Catholic Hollywood screenwriter Barbara Nicolosi explains why:
    "Persistent Vegetative State" - or PVS as the pundits are dropping it. This is my favorite line from the culture of death dictionary. It's right up there with calling a child in the womb "a product of pregnancy"! Fabulous! We call a person a vegetable or a product when we want to subjugate their lives to our own. It's what we used to call in college rhetoric, "The Define and Dismiss Argument".

    Human beings are never in a "vegetative state." Beyond folks who are sick or in a coma, even those of us who are Nobel Laureates, or Federal judges, can't manage to make chlorophyl, which is, you know, kind of the defining act of a piece of vegetation. It's unfair, but it's a species thing.

    So, why does the culture of death need PVS? Well, what do we do with vegetables? We chop them and fry them in a little oil and throw them down the garbage disposal. Basically, we do whatever we damn well please. There's no moral dilemma in clipping the sharp leaves off an artichoke.

    :: David M. Wagner 12:23 PM [+] ::

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