Tuesday, June 21, 2005

Schiavomania-the Deaniac factor

This is a rant I’ve started and stopped several times. And Pat Hynes helped bring back the rage all over again. I didn’t like Michael Schiavo in his case, in the family tragedy become a national tragedy, but I do like the law. The law was clear and the law was concise. But when all these people jumped on this case, when national television attention got focused on this train wreck they spoke of a “culture of life” or “erring on the side of life” In so doing, you prove the point of Howard Dean. Because unlike abortion which was once illegal and that was stripped by the judges, the law was being followed here and many politicians who I had untarnished respect for tried to game the system of law in mid stream to justify a single case.

But this “culture of life” has lead to a little girl in Texas getting ripped from her family because they dared to disagree with the doctor’s opinion and sought out another one. An Amber Alert was called on this family, in a manner in a clear subversion of the law to take away this little girl and the families other children. A court now steadfastly embraces this criminal action by the state of Texas, who won’t take children from homes that coarsen them through exposure to crime and abuse with such a massive and total way that they did a family who disagreed with their doctor. And when, to establish a defense for their outright kidnapping of a child the parents received the information they had been asking for, they submitted to the treatment they had once disagreed with. But this isn’t sufficient for the state of Texas which still has their child. This I have called the Daughter of schiavo because this is the same mentality which placed two law enforcement agencies in Florida on the edge some will say of a historic conflict. The state submitting its will over people because it knows better.

Folks who fought in some of the hysterics of Schiavo, where have you been on this case? Nowhere; on the right wing and left wing blogs of note this case hasn’t gotten a lick of media attention whatsoever. Because the Doctors wouldn’t treat these people like human beings the power of the state came in and forced the will of the doctors on this family. When a simple test was all it would have taken to get the little girl into the therapy now everyone needs. An Amber Alert, court trials, constant waste of government funds when a single test would have done away with it. And no one, not the media, not the Bloggers, no one at all is standing up for this girl and her family.

Just like the Schiavo family lead to unprecedented acts of government, so to this case has cost the taxpayers for an intervention and domination of the lives of a family. The Terri Schiavo Case shut down a school, and forced bussing of those kids to other schools. Innumerable court cases that could not be legally justified were brought because the legislature bent the rules. And those who lionized this misuse of state funds now ignore their whole argument was based on the fact “she could get better” and try to use the argument “we don’t kill cripples.” It is as intellectually dishonest as Dick Durbin comparing our interrogators to Nazi’s.

In Indiana two wiccans were put up before the state and similarly abused by a state that knew better. At least in Indiana and in this country the over reach of law where you tell people what religion they can or cannot raise their kid is an over reach of state power of the highest order.

Did you see this covered on the conservative blogs any? Not unless you want to count the god Bloggers as conservative. The truth is the Schiavo issue, when compared to other issues where the government goes towards the issue of what we value as a nation, and the primacy of the American family shows that many social conservatives are as hypocritical as Judge Scalia. A man who trumpets his originalist credentials but votes for the greatest abuse since the Renquist court brought the commerce clause back into its proper and constitutional state of the US constitution.

There are plenty of legal reasons to be against medical pot, and there are even ethical ones to but to say it is some how covered under the commerce clause is an affront to the US constitution. Is it any wonder Dingy Harry, Ted Kennedy and their ilk would rather see Scalia head the court… because he is like them, some one who abuses the constitution when it suits them and rails about it when he happens to lose.

Loud Howard dean may be a nut but he is right. The same disregard for principles of Justice Scalia is what the dominant face of the Republican leadership is today. The Do what I say not what I do attitude only applies to cases where they can thump their chest, and look like they strive for something better when there are real issues of American Values and Family Values on the line. While I am far from an originalist the Judicial Philosophy of Clarence Thomas is at least consistent. But sadly some folks seem more interested to take a bit of the spot light rather then be consistent and do the right thing

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