[lbo-talk] Terri Schiavo and Disability Rights

Leigh Meyers leighcmeyers at gmail.com
Sat Mar 26 09:44:47 PST 2005


----- Original Message ----- From: snitsnat To: lbo-talk at lbo-talk.org Sent: Saturday, March 26, 2005 8:35 AM Subject: Re: [lbo-talk] Terri Schiavo and Disability Rights


>Those interested in the "constitutional ins and outs" might want to read
>the brief submitted by Michael Schiavo's attorneys and the ACLU in
>opposition to the Schindlers' lawsuit, which (especially at pp. 34-46)
>summarizes their arguments why Pub. Law. 109-3 (the statute "For the
>relief of the parents of Theresa Marie Schiavo" passed last week under
>color of which the federal litigation has been conducted) is unconstitutional.
>
>Among the on line sources for this purpose is:
>
> http://news.findlaw.com/legalnews/lit/schiavo/index.html

Which document do yu want us to read? There are at least 40 links in that center column alone. Do we get, like, a clue or do we have to discern it. I searched on the most likely candidates in your para -- ACLU, public Law, Pub., and brief -- no joy.

kelley

=============

My invite was Cc:'d to me... I hate it when that happens.

It makes me feel soooo.... obligated.

Especially when the /sig reads thusly: "There is not need to respond/acknowledge as, instead, either read the cited materials, or don't, as you wish."

You see, the problem is, I already get eight emails from findlaw daily, which I *do* skim, and this persuasion was just so much clutter in my mailbox.

The definitions are easy, one follows below.

I'm much more concerned with *how* things got to this point, and , if possible, how to "unwind the position" before the cryptofacists thoroughly consolidate their position.

Here's a good commentary on the subject (6 minute mp3):

Rose Colored Goggles: Absolutely Delusional Enthusiasm and Collective Hallucinatory Beliefs - True Believers and Political Activism. Also: A Word From the Sponsor

http://www.leighm.net/sounds/archive/travus/20050325_tth.mp3

=== Merriam-Webster Dictionary ===

bill of attainder

1.. A legislative act formerly permitted that attainted a person and imposed a sentence of death without benefit of a judicial trial see also `attainder` compare `bill of pains and penalties` in this entry

2.. A legislative act that imposes any punishment on a named or implied individual or group without a trial

- Bills of attainder are prohibited by Article I of the U.S. Constitution.

<OK everyone... you can stop giggling about the "pains and penalties" now.>

bill of pains and penalties A legislative act formerly permitted that imposed a punishment less severe than death without benefit of a judicial trial compare `bill of attainder` in this entry

- The term bill of attainder is often used to include bills of pains and penalties. Bills of pains and penalties are included in the constitutional ban on bills of attainder.

at·tain·der n. [Anglo-French atteinder, from ateindre to convict, sentence, literally, to reach, attain, ultimately from Latin attingere to reach, from ad to + tangere to touch] The termination of the civil rights of a person upon a sentence of death or outlawry for treason or a felony see also bill of attainder at bill corruption of blood - In English law up to the nineteenth century, attainder was the harsh consequence of conviction for treason or a felony. It resulted in the forfeiture of the convicted person's property. It also involved corruption of blood, which barred the person from inheriting, retaining, or passing title, rank, or property. A person outlawed lost the right to seek protection under the law. Article III, Section 3 of the U.S. Constitution prohibits corruption of blood or forfeiture upon a conviction for treason “except during the life of the person attainted,” and Article I, Section 9 prohibits bills of attainder. Attainder was abolished in England in 1870. <...>

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