Tuesday, March 22, 2005

Andy McCarthy v. Judge Whittemore

Andy McCarthy has been foursquare against discontinuing Terri Schiavo's feeding tube on the sane grounds that she is alive, will remain so, and therefore should not be starved. Today he rips Judge Whittemore for ignoring Congress' desire to take a completely new look at the Schiavo case:

Even this cursory level of review — in a case where Congress and the president believed it was important enough to convene in a weekend session to provide for searching de novo review — has internal problems. Judge Whittemore, for example, finds there is no fundamental unfairness in a Florida process that allowed Judge Greer both to assume the role of Terri’s caretaker (when siding with Michael Schiavo in the dispute between Michael and Terri’s parents over treatment) and to sit as objective factfinder at the state trial — i.e., to be both advocate and judge. Perhaps. But then later in the opinion, after having explained that Judge Greer was properly in the role of caretaker, Judge Whittemore sees no problem with the fact that Greer never met Terri personally and never personally assessed her level of cognition and responsiveness — notwithstanding that in a PVS case, cognition and responsive are everything.

Read it all. McCarthy does commend Whittemore on his expediency -- not keeping the interested parties waiting in an ongoing emergency.

No comments: