Tuesday, March 29, 2005

What Challenge? How about an honest exchange of ideas and opinions.

If the measuring stick of this so-called challenge is length and bluster, I concede ;-)

Let’s start here:
The reason this argument didn't work in the courts and why it doesn't work for you, is that after 15 years, 19 judges, and more billable hours than you can shake a stick at, it really is impssoble to say that Terri Shiavo is being deprived of anything without due process of law. If Ms. Shiavo's family was not given a day in court and appeals were ignored, then the federal government could claim that the State of Florida was denying her due process. But that's simply not the case. The State was not derlict in it's duty and the 14th Amendment simply does not apply to this case.
For all of your ranting, you seem to have completely missed the point of the 14th Amendment as it relates to due process (especially for someone who makes an exclusively legal argument the rest of the way). The due process question in the Schiavo cases concerns the right to a federal appeal, which is also afforded to criminals. And she was finally granted a federal appeal, albeit a strict procedural review. Unfortunately, she lost. But I fail to see how the 14th amendment argument "didn't work" or how you "dispensed" with it?

The alleged overreaching by congress was acting to ensure that she got this appeal. The jurisdiction for that congressional action is the 14th amendment. Is the crux of your "states' rights" argument that the federal government dramatically overstepped its bounds by ensuring that Schiavo got the same right to due process as a death-row criminal?

I'll get the rest of that diatribe later, but I'm really curious about your opinion on this specific point which forms the basis for your slander of many “so-called conservatives”.


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