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Tuesday, March 29, 2005

Breathtaking reversal of logic

Posted by: Hammer / 2:09 PM

James L. Lambert is not consistent:
Judiciary: Liberals' Most Reliable Ally

By going outside the Constitution, however, the judiciary embarked upon a dangerous trend. People were equally perplexed several years later (1973) how the court made a constitutional judgment on abortion when nothing like it is even referenced in the Constitution. The Constitution actually delineates life and protection of life -- yet the court saw it differently.

Judicial activism has been the cause of many of these historical reversals -- and they are plenty. On a number of major cases affecting the family, lower-court rulings have evolved over decades and have been simply ignored by activist judges.

We saw it in the "virtual child pornography" decision. We have seen it in the Pledge of Allegiance ruling. We have seen it in the gay marriage rulings in Massachusetts and California. We have seen it in cases where the Bible has been consistently forbidden from classrooms. We have seen it in the effort by conservatives over more than eight years to ban the heinous procedure known as partial-birth abortion. We have seen it constantly across the nation where individuals' right to practice their faith has been violated.

We have seen it in Chief Justice Roy Moore's removal from office in Alabama. We have seen it in many cases where the historical heritage of a region has been ignored, and legal precedent has been waived and ignored by liberal activist judges around the country. We have seen it where terrorists are granted special rights that the Constitution never enumerated. And more recently, we have seen it where a lower court rejected the Justice Department's case against hard-core pornographers (Extreme Associates) -- and where the court now protects cold-blooded killers under 18 from the death penalty.

Nothing screams "sanctity of life" like urging the death penalty for children. We ought not take seriously anyone who argues that the Constitution protects life, then laments that kids are spared the needle three paragraphs later.

Oh, by the way, the enemy combatants who have been brutalized in cages for over 3 years without the benefit of trial in Guantanamo -- tell me again what special unenumerated rights they've been enjoying?

And Jane Jimenez opines:

The day is not too far off when some compassionate judge will set aside your written directive to live. Some relative who wants to preserve his inheritance or some hospital administrator who wants to improve the bottom line will show up in court. The judge will agree with a well-paid lawyer that you would really want to die if you had known what life would come to when you mistakenly signed your living will. And you will die.

It's happened before. In 1942, just as German mental patients were being finished off, Dr. Foster Kennedy wrote his recipe for death in the official publication of the American Psychiatric Association. "Parents who have seen the difficult life of a crippled or feebleminded child must be convinced that though they have the moral obligation to care for the unfortunate creatures, the wider public should not be obliged ... to assume the enormous costs that long-term institutionalization might entail."

The News Watch is on. In the coming days, we will witness the results of the potential Indonesia tsunami in an immediate wave of destruction. Many may die. We will mourn. And we will rebuild.

In America, the coming week will pass quietly. One American woman will die for lack of food and water ... because one man said she would have said she wanted to die, if she could have said she wanted to die, even though she didn't say she wanted to die. And we won't need to mourn, because we did it for her good.

The whole Schiavo case is horrifying, but the pro-feeding tube side has waded into deep waters. This is not a case where one husband and one doctor and one judge came to a decision. Every independent medical professional has concluded that Terri Schiavo is in a persistent vegetative state. The deep-enders on the right are now filing petitions with the court claiming that Terri Schiavo can talk. Now the deep-enders are convinced that a doctor's statement in 1942 that "Parents ... must be convinced that though they have the moral obligation to care for [their developmentally disabled children]" because the wider public should not be obliged to pay for it was actually a call to euthanize children. Maybe it was -- there are a lot of nuts out there, but this money quote from 1942 is more consistent with the Bush administration's policy to deny Medicaid benefits to millions of needy children than it is with the Schiavo case.

One final point. It's been my good fortune to be married to a wonderful woman for eleven years. Although I talk to my parents often, there's no one in the world who knows better my personal hopes, wishes, and dreams than my wife. Well, first my super-secret lucky mood ring, to which I whisper my most secret dreams; then the screeners on Dr. Sue's show; then Ms. Hammer. The point, though, is that if I didn't have a written document outlining my end-of-life preferences, my wife would know better than anyone what I would have wanted. It's utterly unsurprising to me that a judge would find that a husband knew the wishes of his wife better than did her parents. A marriage wouldn't last were it any other way.

2 Comments:

Does anyone think that if a living will should suddenly appear that all those protesters outside Terri Scheivo’s hospice would en mass say, “Oh, well that’s different then. We’re going home. Carry on.”? Those people have no interest in anything other than forcing their particular brand of fundamentalist piety on the nation as a whole. Personal decisions, rule of law, none of it makes a bit of difference to them. If I were running a campaign in 2006 I would hang those extremists around the neck of every Republican candidate out there. Let voters know that if given a chance the Republican party will void Grandma’s living will as well as destroy her Medicare and Social Security.

By Anonymous Anonymous, at 4:45 PM  

Good point, but the protesters in Florida are so convinced that Terri Schiavo is a wholly functioning human being that they would argue the living will is not applicable.

By Blogger Hammer, at 8:51 AM  

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