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Old 04-01-2005, 03:49 PM
elwoodblues elwoodblues is offline
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Join Date: Oct 2002
Location: Rosemount, MN
Posts: 462
Default Re: Ideal System...Schiavo as an illustration

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The reputation that the courts are getting for "legislating from the bench" is well earned...

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just a tad bit ironic coming from someone who wanted the federal courts to change the temporary injunction standards for this particular case.

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I also suspect that many judges see themselves in this same arrogant light.

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I hope they do. If they are the only ones following the law and the ideals and principles of the founding documents, then they should be very proud of themselves (if not a bit arrogant.)

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If the Florida legislature were to now enact legislation that provides for a "no will/no kill" standard in cases such as these (a standard other states have adopted), my guess is the SCOFLAW would see themselves as having authority to pass on the constitutionality of such laws which are plainly nonjusticiable.


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Of course they have the right to pass on the constitutionality of it. That's their job. If Florida wants to require a living will, then they should do it through the legislature. If the legislature doesn't do that and they maintain that people's intentions if not documented in a living will can be found from past statements, then people should stop bitching about "hearsay" evidence proving intent.
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