Lindsay Beyerstein over at Alternet has a wonderful argument in regards to Schiavo from a legal standpoint.
The federal legislation is remarkable because it gives Terri Schiavo's parents the right to demand a new trial in federal court. The bill states explicitly that the new trial would disregard the findings of all of the state courts who have ruled on the issue over the years. A new trial would have allowed Terri's parents to reopen the question of Terri's wishes. No Florida court has ever found in favor of Terri's parents. No principle of law in Florida gives them legal standing to sue on behalf of their daughter. Terri's parents had no legal standing until it was granted to them by the legislation. They are not Terri's legal guardians. They have not convinced a court to revoke Michael Schiavo's guardianship of his wife.
read it all, it's pretty good
The federal legislation is remarkable because it gives Terri Schiavo's parents the right to demand a new trial in federal court. The bill states explicitly that the new trial would disregard the findings of all of the state courts who have ruled on the issue over the years. A new trial would have allowed Terri's parents to reopen the question of Terri's wishes. No Florida court has ever found in favor of Terri's parents. No principle of law in Florida gives them legal standing to sue on behalf of their daughter. Terri's parents had no legal standing until it was granted to them by the legislation. They are not Terri's legal guardians. They have not convinced a court to revoke Michael Schiavo's guardianship of his wife.
read it all, it's pretty good
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