Monday, March 28, 2005


Elian Gonzales and Terri Schiavo cases are related.

The Schiavo case shows that though what the courts determine at any given time is always BY DEFINITION "legal," what the courts decide is NOT always GOOD or moral. In the Schiavo case - which I think is a miscarriage of justice - the problem stems from the ARBITRARY determination that Judge Greer made: that Terri wished to die (taher than live as she has been living). Terri is dying now because her DEATH-WISH was DETERMINED by a court, NOT because of what her wish actually was; (in fact, what she actually wished is somehting we shall never ever know).

In the Schiavo case, the state legislature, the state governor and the Congress AND the president (and ALL of Terri's blood relatives) ALL wanted a different ending. But the state judiciary - and the federal judiciary - refused to follow the EXPLICIT wishes of the other branches. The other branches respected the judiciary's determination to be the sole determiner of what was legal.

The Elian case DID NOT GET ITS DAY IN COURT: it was RUPTURED by the executive brach of the federal government when they FORCIBLY INTERVENED and KIDNAPPED Elian - (and forcibly returned him to Cuba where he is living under tyranny and poverty) - and prevented his case form being heard in the state courts. Clinton and Reno got away with this BALD DISPLAY OF RAW FEDERAL EXECUTIVE BRANCH POWER. In this case, the executive brach arbitrarily decided that ELian had to be with his father.

This decision was as morally wrong as Judge Greer's.

Neither decision - or the legal controversies they stirred up - has led to a good result for the principle party involved: Elian suffers under Castro; Terri is being starved to death.

Results should count. And we should always seek results that reinforce life and freedom. When results do the opposite, they are not only at odds with the most basic founding principles of our nation - they are BAD. If and when our laws, our lawmakers and our judges fail to do what reinforces our basic values and increase the good, then they must be changed.

1 comment:

TheDevilIsInTheDetails said...

Another after abortion Resource... LifeLaw.org . A discussion forum for all that deals with such hot-button issues as after abortion .