The Mudcat Café TM
Thread #79411   Message #1441505
Posted By: ejsant
23-Mar-05 - 09:20 AM
Thread Name: BS: Vegetative Woman Shuts Down US Gov't...
Subject: RE: BS: Vegetative Woman Shuts Down US Gov't...
Greetings John Hardly,

I must disagree. An oral contract has been held in our society as being as binding as a written one. Terri's oral expression of her wishes is no less valid a living will than a written multi page document with "legal executor". The difference is in establishing her intent and the validity thereof. That is why we have a mediation process, the Judiciary. This process was indeed followed and her due process entitlements were satisfied by the Florida State Courts as found by now two Federal Courts and I believe by default when the United States Supreme Court decided, prior to the Congress' action, not to hear the case.

The piece of legislation (I hesitate to call it a law as its legitimacy has yet to be determined) passed this weekend clearly called into question the determination of Terri's wishes as found by the Florida Courts. What makes you think that another piece of legislation could not be passed to question your written intents if it were in a minority interest to do so?

I completely understand the second guessing of our Judicial System as it is with-in human nature to question the validity of any decision one does not agree with however this human frailty should not be cause for any action such as was passed this past weekend by our Congress.

As far as there being no "black and white document" to refer to and therefore this absence being the sole reason for the questions I think you are being a bit naïve. Our laws are written documents, in black and white if you will, and yet every day their intent and applications are questioned in our Courts. This is our system of checks and balances. Congress clearly upset this balance when they intervened and they did so simply to pander to a minority interest group.

Peace,
Ed