Courts = God ?!?

Why is it that some people automatically assume that the Courts fairly reviewed all information before them and their judgments should not be questioned or reviewed? I received the following response from Representative Charlie Dent regarding a previous email I sent. Below it is a response I sent back to him. I almost didn't reply as I was a bit initimidated at first by his email. But since this issue has me trapped in an obsessive zeal to see justice done, I could not just let it go. Her life is at stake, not to mention the trauma this is causing her family. If there is anything more that I missed, please feel free to comment. Keep up the prayers.


Dear Kratz Family,

Thank you for contacting me to express your thoughts about the Incapacitated Person's Legal Protection Act. I appreciate the time you have taken to share your views with me on this important matter. The Schiavo case, the litigation that inspired this legislation, is truly tragic. However, it was a matter that was fully litigated in the state courts of Florida. The problem, of course, was that Ms. Schiavo became incapacitated without having executed a living will. As a result, the state courts were left to determine her testamentary intent. To do this, they heard evidence presented by the two parties to the litigation Ms. Schiavo's husband on the one hand, and her parents on the other as well as the arguments of guardians appointed to represent ONLY the interests of Ms. Schiavo herself. After hearing all of the evidence, the courts made their determination with regard to Terri Schiavo's last wishes. Moreover, after that litigation had concluded, the Florida legislature also weighed in on this matter. Their decision to enact legislation to stay the proceedings was ultimately determined to be unconstitutional by both the Florida Supreme Court and the United States Supreme Court (which refused to accept certiorari on the matter).

It is possible that this issue will be considered by the House of Representatives in the near future. Thank you again for taking the time to share your concerns with me. I will be taking your views into account in deciding how to vote on the Act, should it come to the floor of the House. Please do not hesitate to contact me with any additional questions or comments that you may have regarding this or any other federal matter.

With best wishes,
Sincerely,

Charles W. Dent
Member of Congress

CWD/cl

Dear Representative Dent,

Thank you for your time and response to my request for review of this proposed legislation.

There was a material mistake in the body of your letter in that the Guardian ad Litem was dismissed in June of 1999, and it was AFTER that fact that her guardian (estranged husband Michael Schiavo) then petitioned to have her food and hydration removed. There was no one (other than her parents and siblings) fighting for her, and more pointedly, no court representative to argue or support her interests. It may help to review information on www.terrisfight.org (timeline) or a great synopsis of the controversies surrounding this case on http://bendegrow.com/index.php?p=645.

This is an urgent matter as her feeding tube is scheduled to be pulled Friday March 18th at 1pm, and the judge has also ordered she not be hand fed. http://www.theempirejournal.com/03090501_judge_rules_no_food.htm

She does not have the luxury of waiting as each day without nourishment carries her closer to certain death or a more unstable future. She needs to begin receiving standard, normal rehabilitation that she has long been denied. And her family should be given that chance. Her guardian's motives appear suspect. Let's not make the unanswered questions moot by causing her death before they can be adequately answered and before she can receive proper care.

Thank you.