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STOIC

Live in a vegetative state or die?

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Sincere   

for example the Oregon has legalized doctor asisted suicide.

Stoic, the State Vs Federal jurisdictions are a mess. The Florida courts ruled on this based on Florida constitution. The federal courts refused to take the case because it was a state issue, and they lacked jurisdiction, leaving Fl legislatures to interpret their constitution as long as it didn't conflict with US constitution. The neo-cons lobbied congress, failing to realize that as long as the Florida constitution doesn't conflict with US constitution, states rights will win. ( with the absence of a federal law, the US supreme court has no jurisdiction) ... read on and you'll see the relevance of this.

 

because the constitution does not guarantee a right to die neither does it expressly prohibit someone from such actions

Congress passes laws, and the supreme courts hears law suits under these laws. Neo's lobbied them to address this case since the US supreme court turned this down. Here's the key, If they pass this law then the US supreme court has the authority to interpret the law, and over-ride any precedent judgments made by state courts.

 

then the judge should take simultaneous role as a judge and a health -care surrogate.Can we trust judges as both surrogate and impartial judge in the case? It will depend on what his stands are!(religious or not religious)

If congress passes a law on euthanasia future legal wrangles like this will end up at the federal level and at the doorsteps of the US supreme court.(Supreme court justices limit themselves to important cases involving new or developing principles of law, especially those that are constitutional in nature;I.e.euthanasia)

 

It's no secret that the Neo cons tentacles extend and influence supreme court nominations.(with a possibly of 3 judges departing shortly, Rehnquist, O'Connor, and the other old fart)I wouldnt trust them at all. Leaving it to the discretionary decision of the judge/health care surrogate (whose judicial seat was bought and paid for) is farcical. (All they would need is a single landmark decision that will set a legal precedent;stare decisis)

 

the state should act by considering the ethical and social ramification of the issue(pass a bill that denies right to die without a will).

Florida legislatures actually passed a law called "terri's law" that allowed the Governor to restore her feeding tube back in 2003.

 

The power of religion in government is scary. With the republicans holding two branches of government captive and dangerously close to capturing the third how soon will it be before religion will govern the politics of the US.

Check this intresting article

 

Salaams.

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