[GCFL-discuss] Judge George W. Greer FL 6 Cir.

[gcfl-discuss at gcfl.net]

Wow, I got to read seven messages on this subject before putting in my
two cents worth. I consider that a luxury and a privilege. I thank all of
you who already opined, fought, and gave some substance to this debate.

In general, I firmly believe that individuals have a right not to be kept
indefinitely alive on feeding machines and lung machines, etc. Assisted
suicide is a different question, but the STATE has no right to require a
person or a family to artificially prolong a life -- many people would
prefer to go home and die surrounded by their family, or at least embrace
a natural death even in the hospital. I find the rush to intervene by
various politicians disgusting and self-serving.

I do not find a clear-cut moral imperative in the position of Terry
Schiavo's husband. He is subject to several biases, even if he is simply
trying to do the right thing. I have to sympathize with her parents'
position -- they certainly feel that they get some continued emotional
bond out of continuing to see her, even on a feeding tube. Is she really
responding to them, or do they just imagine it? God only knows, and I
mean that literally.

Judge Greer could not possibly make any decision on this matter without
angering millions of people one way or the other. The decision he made is
not his fault. It is no basis at all to impeach him. People complain all
the time that judges should follow the law, not impose their own desires
and preferences. Well, that is what Judge Greer did.

The law established an order of priority to who can make decisions for a
comatose individual who cannot speak for themselves. Spouses take
priority over parents. That is the law. Perhaps it should be changed.
Perhaps it should be modified. Perhaps when a comatose individual has
left no written instructions, immediate family should have a veto over a
spouse's decision to pull the plug. That is not the law now.

Special laws for specific situations are highly dangerous. The law cannot
be one thing today for me, and another thing tomorrow for you. If we
cannot write a law we will adhere to consistently for all persons in all
similar situations, we should not have a law at all.

Many (not all) of those speaking "for Terry" and "for life" would for
their own reasons and convictions be demanding to keep the feeding tube
in her even if she had left firm written instructions. I believe they are
wrong, whatever position they are masquerading under now. They have a
right to leave written instructions to prolong their own life if they are
comatose, and have those instructions honored. They do not have the right
to intervene in anyone else's decision.

This decision does not really belong in the courts, but when there is a
fundamental conflict between a woman's parents and her husband, that is
where is eneded up.

I have many criticisms of the judiciary in specific and the legal
profession in general. I would like to see more citizens studying the
actual content of judicial decisions, and weighing in on the
controversies they decide, instead of relying on media sound bytes, or
alarmist propaganda from one side or another. But it is highly dangerous
for judges to do their job looking over the shoulder to see if their
decisions are popular. There is a reason that judges and legislators are
separate functions. One is supposed to follow the law, whether it is
popular or not. The other is supposed to respond to the popular will --
but only on matters that the government is authorized to pass laws on at
all. Judges are supposed to protect us from laws that the government has
no authority to pass in the first place. They cannot do that if they are
constantly being bombarded by petitions for impeachment reacting to each
and every decision. Judging by popular outcry is nothing but a lynch mob.

Therefore, I decline to sign the petition.

Siarlys

P.S. I thought all the comments were fair game. Jeanene invited us to
join her (?) in signing a petition for something she believes in. I found
her appeal a bit sanctimonious and not very informative, but that is my
opinion. Some folks though it was crazy, stupid and dangerous, and said
so vehemently. Any of us who put forward a strong belief should expect a
strong response from those who disagree, as someone always will. And God
loves us all, for reasons most of us can't really justify or explain.