Tom DeLay Took Father Off Life Support in 1988
The Los Angeles Times has revealed that House Majority Leader Tom DeLay's family went through a similar ordeal as Schiavo's family. While Delay has denounced the removal of Schiavo's feeding tube as "an act of barbarism", he supported allowing his father to be taken off life support 16 years ago. In 1988, Delay's father suffered a freak accident and went into a coma. He was kept alive by intravenous lines and oxygen equipment. Then when his kidneys failed, the DeLay family decided against connecting him to a dialysis machine. Charles Delay died on Dec. 14, 1988 surrounded by his family. Tom Delay's mother said "There was no point to even really talking about it. There was no way [Charles] wanted to live like that. Tom knew - we all knew - his father wouldn't have wanted to live that way."
Tuesday, March 29, 2005
Wednesday, March 23, 2005
Schiavo, on appeal
In a two to one decision, the Eleventh Circuit Court of Appeals denied the plea of Terri Schiavo's parents for relief today (March 23). The concluding paragraph sums it up well:
"There is no denying the absolute tragedy that has befallen Mrs. Schiavo. We
all have our own family, our own loved ones, and our own children. However, we
are called upon to make a collective, objective decision concerning a question of
law. In the end, and no matter how much we wish Mrs. Schiavo had never suffered
such a horrible accident, we are a nation of laws, and if we are to continue to be so,
the pre-existing and well-established federal law governing injunctions as well as
Pub. L. No. 109-3 must be applied to her case. While the position of our dissenting
colleague has emotional appeal, we as judges must decide this case on the law."
Read it in full here: http://www.ca11.uscourts.gov/opinions/ops/200511556.pdf
"There is no denying the absolute tragedy that has befallen Mrs. Schiavo. We
all have our own family, our own loved ones, and our own children. However, we
are called upon to make a collective, objective decision concerning a question of
law. In the end, and no matter how much we wish Mrs. Schiavo had never suffered
such a horrible accident, we are a nation of laws, and if we are to continue to be so,
the pre-existing and well-established federal law governing injunctions as well as
Pub. L. No. 109-3 must be applied to her case. While the position of our dissenting
colleague has emotional appeal, we as judges must decide this case on the law."
Read it in full here: http://www.ca11.uscourts.gov/opinions/ops/200511556.pdf
Congressman DeLay is an idiot
The following is from the St. Petersburg Times for March 22 (edited for space):
CLEARWATER - Many local Republicans shuddered last weekend when U.S. House Majority Leader Tom DeLay accused a Pinellas judge of "murder" and "terrorism."
Such labels, troubling in any context, are particularly grating when they involve two members of the same political party. "I was absolutely so disgusted with what he said," said County Commissioner Bob Stewart.
Pinellas County Property Appraiser Jim Smith, a former state legislator and Republican state committeeman, called DeLay's remarks "a disgrace."
Local Republicans had their own words for Judge George Greer, who, as presiding judge in the Terri Schiavo case, ordered the removal of her feeding tube on March 18.
Conscientious. Honest. Compassionate. A good Christian. An outstanding lawyer.
"Those folks that are saying anything bad about Judge Greer, they don't know him, and apparently they don't understand the law and the separation of powers," said state Rep. Everett Rice, R-Treasure Island, who stood behind Greer's decision last week in Tallahassee.
* * * * *
"We need more judges like Judge Greer, not fewer," said Bruce McManus, a Largo probate lawyer who specializes in elder law. McManus has found himself in a particularly difficult position. He's a member of groups that have been critical of Greer, such as the Southern Baptist Convention. But he also specializes in the area of law that Greer is interpreting. McManus said Greer has done his best to make a tough decision, and called DeLay's comments "ridiculous." "Judge Greer is an evangelical Christian man," McManus said. "He believes in the right to life as much as some of the people who are criticizing him so harshly. But he also believes in the rule of law, which he was sworn to uphold. To the best of his ability, that's what he is trying to do."
CLEARWATER - Many local Republicans shuddered last weekend when U.S. House Majority Leader Tom DeLay accused a Pinellas judge of "murder" and "terrorism."
Such labels, troubling in any context, are particularly grating when they involve two members of the same political party. "I was absolutely so disgusted with what he said," said County Commissioner Bob Stewart.
Pinellas County Property Appraiser Jim Smith, a former state legislator and Republican state committeeman, called DeLay's remarks "a disgrace."
Local Republicans had their own words for Judge George Greer, who, as presiding judge in the Terri Schiavo case, ordered the removal of her feeding tube on March 18.
Conscientious. Honest. Compassionate. A good Christian. An outstanding lawyer.
"Those folks that are saying anything bad about Judge Greer, they don't know him, and apparently they don't understand the law and the separation of powers," said state Rep. Everett Rice, R-Treasure Island, who stood behind Greer's decision last week in Tallahassee.
* * * * *
"We need more judges like Judge Greer, not fewer," said Bruce McManus, a Largo probate lawyer who specializes in elder law. McManus has found himself in a particularly difficult position. He's a member of groups that have been critical of Greer, such as the Southern Baptist Convention. But he also specializes in the area of law that Greer is interpreting. McManus said Greer has done his best to make a tough decision, and called DeLay's comments "ridiculous." "Judge Greer is an evangelical Christian man," McManus said. "He believes in the right to life as much as some of the people who are criticizing him so harshly. But he also believes in the rule of law, which he was sworn to uphold. To the best of his ability, that's what he is trying to do."
Tuesday, March 22, 2005
the Schiavo saga continues
Federal district judge James Whittemore entered an order today (Monday, March 22), faster than Congress acted but with greater deliberation, denying relief to the parents of Terri Schiavo. I am sorry to report that he accepted the argument that he had jurisdiction to hear this one case, of the hundreds if not thousands of other cases involving the right to die, because Congress told him he had jurisdiction. He ducked that issue. He ducked all issues as to the constitutionality of the act, which might have included the Equal Protection Clause. But he seized upon the first and most important issue in any suit for what is called "temporary injunctive relief," which is whether the moving party (in this case, her parents) can show that they have a substantial likelihood of success on the merits. That means likely or probable, not certain, success.
Schiavo's parents attacked the procedures followed by state court judge George Greer, identifying five legal issues. You can read the five issues and Judge Whittemore's discussion of them here: http://www2.sptimes.com/pdfs/schiavodenyingtro.pdf . He found their contentions without merit. The phrase "without merit" appears several times in the order. Ultimately, he paid a subtle compliment to Judge Greer, whether he meant to or not, by denying the restraining order because "this court is constrained to apply the law to the issues before it."
Memo to Congress, Representative DeLay, and President George W. Bush: You can lead a horse to water, and shove his head into it, but you can't make him drink it. Thank God for the independence of the federal judiciary. I don't mean the Supremes, but the hard-working district court judges who deal with real cases involving real people every working day of the year.
Schiavo's parents attacked the procedures followed by state court judge George Greer, identifying five legal issues. You can read the five issues and Judge Whittemore's discussion of them here: http://www2.sptimes.com/pdfs/schiavodenyingtro.pdf . He found their contentions without merit. The phrase "without merit" appears several times in the order. Ultimately, he paid a subtle compliment to Judge Greer, whether he meant to or not, by denying the restraining order because "this court is constrained to apply the law to the issues before it."
Memo to Congress, Representative DeLay, and President George W. Bush: You can lead a horse to water, and shove his head into it, but you can't make him drink it. Thank God for the independence of the federal judiciary. I don't mean the Supremes, but the hard-working district court judges who deal with real cases involving real people every working day of the year.
Monday, March 21, 2005
Fear the arrogance of Congress
I read what I wrote at one c'clock this morning and it stands up well to the light of day.
What Congress has done over the weekend is an exercise of raw, arrogant power that every citizen should fear. The Founders separated the legislative and judicial powers for good reason. Now we have Congress telling ONE federal court that it has jurisdiction, and shall hear and shall decide, ONE particular case that is of a kind historically left up to the state courts. We have Congressmen stating that Florida is about to take a life "without due process," completely discrediting everything done by the various Florida state court judges who have wrestled with this case for years. Federalism is turned upside down; the Congress that the States and the People created now considers itself to be in total control of our lives.
What Congress has done over the weekend is an exercise of raw, arrogant power that every citizen should fear. The Founders separated the legislative and judicial powers for good reason. Now we have Congress telling ONE federal court that it has jurisdiction, and shall hear and shall decide, ONE particular case that is of a kind historically left up to the state courts. We have Congressmen stating that Florida is about to take a life "without due process," completely discrediting everything done by the various Florida state court judges who have wrestled with this case for years. Federalism is turned upside down; the Congress that the States and the People created now considers itself to be in total control of our lives.
tale of the heart
My four regular readers may remember my having heart issues beginning New Year's Day. Now, here's the rest of the story: I visited my cardiologist last week to get the final report. "Beautiful," he said, referring to the sonogram or whatever they call the heart movie he took a few weeks ago. "Beautiful," he said two or three times. "And the hole is no bigger than last time." Hole? HOLE?
He reminded me of something I'd forgotten about, assuming it sank into my consciousness the last time I went to see him. Last time, he said, the heart movie showed a leaking valve. Two of them, in fact. "But the valve pumps beautifully," he said. I can see why he became a cardiologist. To him, heart movies are beautiful.
The valve leakage is not the result of anything I've done or eaten, but is just the result of aging. There's a calcium deposit building up. Too much milk? No, just aging. Will this require surgery? "Oh, maybe in fifteen years, or maybe ten," he said, hedging his bets. Meanwhile, it won't interfere with scuba diving, he quickly added.
I'm putting my children on notice: Someday, you may have me on your hands!
He reminded me of something I'd forgotten about, assuming it sank into my consciousness the last time I went to see him. Last time, he said, the heart movie showed a leaking valve. Two of them, in fact. "But the valve pumps beautifully," he said. I can see why he became a cardiologist. To him, heart movies are beautiful.
The valve leakage is not the result of anything I've done or eaten, but is just the result of aging. There's a calcium deposit building up. Too much milk? No, just aging. Will this require surgery? "Oh, maybe in fifteen years, or maybe ten," he said, hedging his bets. Meanwhile, it won't interfere with scuba diving, he quickly added.
I'm putting my children on notice: Someday, you may have me on your hands!
more on the Schiavo case
The Florida state court judge assigned to the Schiavo case has been a friend of mine for 19 years. The people from the radical religious right who have been castigating the judge for his handling of the case might be surprised to know that he is a Republican, a Southern Baptist, and a Christian in the narrow, theological sense of "born again."
He is also a good man, he was a good lawyer, and he is one of the best judges we have in our county. He has been a respected probate judge for years. He applies the law to the cases that come before him.
This is why, when I hear Congressmen saying the Florida courts have not given Terry Schiavo "due process," I want to throw up.
He is also a good man, he was a good lawyer, and he is one of the best judges we have in our county. He has been a respected probate judge for years. He applies the law to the cases that come before him.
This is why, when I hear Congressmen saying the Florida courts have not given Terry Schiavo "due process," I want to throw up.
We are governed by fools
Here is the key language in the bill passed by Congress over the weekend: "In such a suit [to be brought by a parent of Terri Schiavo in the U.S Court for the Middle District of Florida], the District Court shall determine de novo [Latin for, from scratch] any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted."
There are at least two things wrong with this. (1) The bill violates the Separation of Powers doctrine. Notice the mandatory language - the court SHALL "entertain" and determine the suit without delay. Congress has the power to define the jurisdiction of the federal courts, and this bill starts out by saying the court shall have jurisdiction to hear the particular case to be brought by her parents, but I would not be surprised if a federal judge in Tampa looks at this and says, "Congress cannot tell me I have jurisdiction and must determine this one particular case to the exclusion of others that could be brought by others similarly situated. That amounts to a determination by Congress that this case, and only this case, is 'justiciable.' Congress has gone too far." (2) The bill violates the principle of Federalism. Here is a case that has been up and down in the state courts for years. To say, as at least one Representative has said, that the state courts of Florida have violated her right to due process goes beyond audacious. It is uninformed. The bill gives virtually no credence to anything that any state court has said or done in this case. The federal court is supposed to give no weight to any state court decision. Coming from Congress, this is an intolerable demonstration of ignorance of the Constitution.
There are at least two things wrong with this. (1) The bill violates the Separation of Powers doctrine. Notice the mandatory language - the court SHALL "entertain" and determine the suit without delay. Congress has the power to define the jurisdiction of the federal courts, and this bill starts out by saying the court shall have jurisdiction to hear the particular case to be brought by her parents, but I would not be surprised if a federal judge in Tampa looks at this and says, "Congress cannot tell me I have jurisdiction and must determine this one particular case to the exclusion of others that could be brought by others similarly situated. That amounts to a determination by Congress that this case, and only this case, is 'justiciable.' Congress has gone too far." (2) The bill violates the principle of Federalism. Here is a case that has been up and down in the state courts for years. To say, as at least one Representative has said, that the state courts of Florida have violated her right to due process goes beyond audacious. It is uninformed. The bill gives virtually no credence to anything that any state court has said or done in this case. The federal court is supposed to give no weight to any state court decision. Coming from Congress, this is an intolerable demonstration of ignorance of the Constitution.
Thursday, March 17, 2005
second thoughts about St. Patrick's Day
I used to think St. Patrick's Day was an interesting excuse to drink green beer. Why else would you? I used to think of myself as half Irish, too, because Mom's maiden name was Casey. But then I got into genealogy, which is just a way to personalize history. I found a disgusting number of English surnames in the family tree, and I've learned my father's ancestors were probably Scotch-Irish or "Ulster Scots" and not "pure" Scots.
More to the point, I've read enough history of Ireland, Scotland and England to realize that the history of all three nations is written in blood. Ireland's Catholic population has been impoverished by the Catholic Church. A subsantial bulk of the early American pioneers and Revoluntionary patriots were "Ulster Scots" who came to the New World because they were tired of being caught between blood-thirsty English Protestants and equally blood-thirsty Irish Catholics (which explains why we are supposed to have separation of church and state in these United States, but that's a different subject). And yet, we ignorant Americans think of Ireland as merely a merry place to drink beer, ogle pretty red-haired ladies, and tell stories of leprechauns.
My ancestors probably wore orange, not green, and probably did not celebrate any Catholic saint. They were happy to get away from a land dominated by people we today would call warlords. I am now a "Heinz 57 American" and proud of it. So, Erin go bragh and all that, but tonight I'm sipping a little late-night Scotch to dilute the caffeine I've ingested and I'm frankly not interested in green things that you may have eaten or imbibed today.
More to the point, I've read enough history of Ireland, Scotland and England to realize that the history of all three nations is written in blood. Ireland's Catholic population has been impoverished by the Catholic Church. A subsantial bulk of the early American pioneers and Revoluntionary patriots were "Ulster Scots" who came to the New World because they were tired of being caught between blood-thirsty English Protestants and equally blood-thirsty Irish Catholics (which explains why we are supposed to have separation of church and state in these United States, but that's a different subject). And yet, we ignorant Americans think of Ireland as merely a merry place to drink beer, ogle pretty red-haired ladies, and tell stories of leprechauns.
My ancestors probably wore orange, not green, and probably did not celebrate any Catholic saint. They were happy to get away from a land dominated by people we today would call warlords. I am now a "Heinz 57 American" and proud of it. So, Erin go bragh and all that, but tonight I'm sipping a little late-night Scotch to dilute the caffeine I've ingested and I'm frankly not interested in green things that you may have eaten or imbibed today.
Thursday, March 10, 2005
It's about time
Headline: Spanish clerics issue Osama fatwa
Thursday, March 10, 2005
MADRID, Spain (AP) -- Muslim clerics in Spain issued what they called the world's first fatwa, or Islamic edict, against Osama bin Laden on Thursday, the first anniversary of the Madrid train bombings, calling him an apostate and urging others of their faith to denounce the al Qaeda leader. The ruling was issued by the Islamic Commission of Spain, the main body representing the country's 1 million-member Muslim community. The commission represents 200 or so mostly Sunni mosques, or about 70 percent of all mosques in Spain. The March 11, 2004, train bombings killed 191 people and were claimed in videotapes by militants who said they had acted on al Qaeda's behalf in revenge for Spain's troop deployment in Iraq.
Let's see. . .it's been a year since the bombing in Spain and three and a half years since September 11, 2001. I am glad to see some Islamic leaders have rediscovered their spines.
Thursday, March 10, 2005
MADRID, Spain (AP) -- Muslim clerics in Spain issued what they called the world's first fatwa, or Islamic edict, against Osama bin Laden on Thursday, the first anniversary of the Madrid train bombings, calling him an apostate and urging others of their faith to denounce the al Qaeda leader. The ruling was issued by the Islamic Commission of Spain, the main body representing the country's 1 million-member Muslim community. The commission represents 200 or so mostly Sunni mosques, or about 70 percent of all mosques in Spain. The March 11, 2004, train bombings killed 191 people and were claimed in videotapes by militants who said they had acted on al Qaeda's behalf in revenge for Spain's troop deployment in Iraq.
Let's see. . .it's been a year since the bombing in Spain and three and a half years since September 11, 2001. I am glad to see some Islamic leaders have rediscovered their spines.
Tuesday, March 08, 2005
getting the close shave
I've regressed back to the days of my grandfather in one (almost) exclusively male activity: Shaving. No, I haven't started shaving with a straight razor, yet, although the thought has crossed my mind. But I have grown tired of expensive plastic razors with two, three or four blades that don't seem to get the job done well.
In high school I started out with a light-weight single-blade injector razor that was all I needed for peach fuzz. In college I moved up to the classic, the adjustable Gillette double-edged razor that they don't make any more. I have no idea why I gave that up, but I switched back to an injector razor that was OK until the blades became hard to find. Then I switched to an electric razor that was, well, convenient. Lately, I got tired of mowing my face and tried some of the razors on the market today. I wasn't getting much mileage out of the expensive ones and the cheap ones are good for maybe two shaves.
Fortunately, the Germans still make a great double-edged razor and the English make a great shaving brush, soap, and mugs. (Shopping tip: Get a badger-bristle brush and not a boar-bristle brush, which will smell like a wet boar after awhile.) The razor reminds me of the old Gillette. The blade is thicker, maybe a little sharper, and of a better quality than what you find in the new disposables. The shaving brush, a throw-back to my grandfather's time, is a new experience for me but I can see that this will turn into a pleasant morning ritual. I tried it all out for the first time this morning. Hot water, soapy brush, soapy face, a razor that glided through it like a hot knife through butter with no effort on my part . Yeah, I nicked my chin, and my chin got a little stubbly earlier than usual this evening, but this is going to be only a short learning curve. . . a lot shorter than learning to shave with a straight razor.
In high school I started out with a light-weight single-blade injector razor that was all I needed for peach fuzz. In college I moved up to the classic, the adjustable Gillette double-edged razor that they don't make any more. I have no idea why I gave that up, but I switched back to an injector razor that was OK until the blades became hard to find. Then I switched to an electric razor that was, well, convenient. Lately, I got tired of mowing my face and tried some of the razors on the market today. I wasn't getting much mileage out of the expensive ones and the cheap ones are good for maybe two shaves.
Fortunately, the Germans still make a great double-edged razor and the English make a great shaving brush, soap, and mugs. (Shopping tip: Get a badger-bristle brush and not a boar-bristle brush, which will smell like a wet boar after awhile.) The razor reminds me of the old Gillette. The blade is thicker, maybe a little sharper, and of a better quality than what you find in the new disposables. The shaving brush, a throw-back to my grandfather's time, is a new experience for me but I can see that this will turn into a pleasant morning ritual. I tried it all out for the first time this morning. Hot water, soapy brush, soapy face, a razor that glided through it like a hot knife through butter with no effort on my part . Yeah, I nicked my chin, and my chin got a little stubbly earlier than usual this evening, but this is going to be only a short learning curve. . . a lot shorter than learning to shave with a straight razor.
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