What all the legalities in the Schiavo case mean.

A wonderful legal analysis for the layman via Secret Agent Man.

An excerpt:

The procedural due-process inquiry authorized by “Terri’s Law” isn’t about whether Terri “ought” to die. It’s about whether Judge Greer dotted all the I’s and crossed all the Ts before signing Terri’s death warrant.

This is why George Felos’ continually rants that the case has been “litigated to death.” The more litigation, the less chance that the courts have prohibited the parties from having their say. And that’s what procedural due process is all about — having one’s ‘day in court.’ Was Judge Greer wrong to allow Michael to continue serving as Terri’s guardian? Under procedural due process, no one cares. The only relevant inquiry is whether Terri’s parents had the opportunity to say that Michael Schiavo should not be Terri’s guardian. They did. Procedural due process was accorded. Case closed. It’s a brutal inquiry, and one of the toughest cases to make.

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