WHAT GOES AROUND... REDUX
CLASS ACTION LAW FIRM SUED
There was an interesting article in this Thursday's (03-24-05) WSJ (Now Being Sued: Class Action Lawyers by David Wessel pg. A2) which reported that a Law Firm specializing in CLASS ACTION SUITS was being sued for LEGAL MALPRACTICE because it failed to go for the maximum amount potentially available in one of its lawsuits. This suit, after several appeals by the plaintiff law firm that have been denied, is ready to go to court.
What's important here is not the particular subject matter of the suit, but the fact that several judges have agreed to let this kind of suit go forward. The usual excuse in such cases (i.e. "A JUDGE approved this CLASS ACTION SUIT") apparently no longer holds. Needless to say, this also sets a NEW and interesting precedent.
With this event, it would seem that the LITIGATION EXPLOSION in the US has reached the inevitable point where it has become a SATURNALIA (i.e. it's eating its own children).
Given the prevailing trends, it was only a matter of time. This kind of excess is usually associated with radical revolutions (the FRENCH and RUSSIAN REVOLUTIONS executed many of its originators), but the MSM (Main Stream Media) has downplayed the fact that LITIGATION EXPLOSION has been a comparable kind of revolution (it's indeed a REVOLUTION because it undermines if not "overthrows" the LEGISLATIVE and EXECUTIVE branches of the government and the POWER of the PEOPLE to elect others to express their WILL) in the US.
While this particular instance of "nibbling at their own tails" is restricted to CLASS ACTION LITIGATORS, there are signs that the entire class of LEGALISTAS (LAWYERS and COURTS and JUDGES [LAWYERS IN BLACK]) have gone too far to expand their influence and power over our everyday lives, and that their hijacking of POWER is (and it's HIGH TIME) being questioned if not outright attacked by the PEOPLE.
RESTRICTIONS ON CLASS ACTION SUITS
First of all, there was recent legislation that put some curbs on the ABUSES that arise from CLASS ACTION SUITS (mainly, it costs EVERYBODY, ONLY THE LAWYERS MAKE OUT BIG TIME, and each plaintiff named in CLASS ACTION SUITS gets a mere PITTANCE [like frequent flyer miles or coupons or a few dollars]. The most egregious example is what SMOKERS who might want to quit get from the ANTI-SMOKING CLASS ACTION SUITS... NADA!!!).
That's only a start. There are countless other examples of RULE by LAWYERS (and COURTS and JUDGES) and LEGISLATION from the BENCH, rather than a proper separation of powers and the RULE of LAW, that are crying to be remedied.
THE TERRI SCHIAVO CASE
Here we have an situation where by definition, NOBODY WINS.
This is also a case where apparently the LEGALISTAS solicited so far, are in favor of DEATH. The Hospice in which TERRI resides has been willing to keep her alive GRATIS rather than incurring costs from anyone else. However, the LEGALISTAS have ordered this Hospice to in effect KILL HER!! (i.e. to remove her feeding tubes and STARVE HER TO DEATH!!).
RIGHTS... DERIVED [PRIVACY] vs EXPLICIT [FREE SPEECH]
http://members.fortunecity.com/veritas1/aopedpt9.html#PART9MAY06
The issue of whether her parent's or her husband's wishes are to prevail is still in doubt. TERRI did not have a LIVING WILL spelling out her wishes in case something like this happened to her. George Greer, a Florida judge declared that based on "hearsay evidence" (as reported by her husband Michael), it was TERRI's wish that she was not to be kept alive artificially.
This is interesting, since "hearsay evidence" is generally not allowed to be introduced in legal proceedings.
The other part of the judge's ruling has to do with declaring that her husband Michael rather than her parents the Schindlers have the final say as to what happens with TERRI. Michael wants her DEAD while the Schindlers want to care for her and keep her ALIVE. Judge Greer in effect removed TERRI from the Schindler's list.
Giving the husband the power of LIFE and DEATH over his wife, seems somehow reminiscent of ISLAMIC LAW in places like Saudi Arabia. Interestingly, there is not even a peep of protest about this from the FEMINISTS (NOW, NARAL etc.). Apparently this is because there are larger issues in play.
However, it's not really as the FEMINISTS would have it, about THE RIGHT TO DIE (where the victim has a CHOICE via a living will), but rather about a LICENSE TO KILL given to someone else, as in ABORTION and EUTHANASIA (where the victim does NOT have a CHOICE). It's a CULTURE of DEATH thing.
ABORTION and THE DEATH PENALTY.. A PARADOX
http://members.fortunecity.com/veritas1/aopedpt1.html#PART1072
A DIALOGUE CONCERNING ABORTION (01-03-03)
http://members.fortunecity.com/veritas1/aopedpt8.html#PART8JAN0301
One would think that the DEFAULT (the DOCTOR'S credo of "Do no harm!") position would be to keep her ALIVE while this is being adjudicated and settled. Granted that she's been kept artificially 'alive' (who KNOWS for sure how 'alive' she really is, and whether there is a reasonable hope for her REVIVAL) for 15 years. If she's truly a 'vegetable' then she won't suffer from being kept alive. If there's even a remote hope of 'reviving' her, then where's the harm? Why not a few months more until the issue is legally settled, especially since it isn't costing anyone to do this?
Meanwhile these same LEGALISTAS (and their IDIOCRAT SPONSORS) agonize over the DEATH PENALTY for MASS MURDERERS, and the relative "cushiness" of the accommodations of TERRORISTS in Guantanamo Bay, while insisting that KILLING BABIES and the INFIRM IS OK.
That sure sounds like the NAZI "eugenic" notion of KILLING the "inferior or societally useless" INFIRM for the benefit of the "race".
One could legitimately extrapolate that these same LEGALISTAS and IDIOCRATS might propose similar remedies for dealing with the MEDICARE and SOCIAL SECURITY FINANCING PROBLEM by the "systematic pruning" (triage?) of the ELDERLY. They probably feel that it's not only the RIGHT, but the DUTY of these ELDERLY to DIE in a timely manner, so that the Misery Maggots can spend more of their SOCIAL SECURITY taxes on their pet projects.
COMMENTS on SOCIAL SECURITY
#110745735211386402
THOUGHTS ON SOCIAL SECURITY AND MEDICARE
http://members.fortunecity.com/veritas1/aopedpt2.html#PART2093
Ironically enough, yesterday there was a big to-do by presumably these same types of people (IDIOCRATS) over the possibility that an ALLIGATOR (this BRUTE was a clear danger to babies and pets in its cruising range) might be KILLED in FLORIDA while it was being captured.
For what it's worth, the ALLIGATOR is OK and was relocated to a wildlife preserve, while TERRI is still not allowed to be put back on her feeding tubes while the legal issues are being adjudicated.
This whole issue will not go away even if TERRI eventually DIES. If this happens, she will very likely attain MARTYR status among a significant part of our population, and one can readily imagine her funeral being turned into a spectacle.
CONCLUSION
Ideally, the JUDICIARY and other GOVERNMENT INSTITUTIONS would stay out of our personal lives as much as possible. The COURTS all the way up to the SUPREMES have shown a penchant for not adhering to this notion. At the same time they are for the most part both LEFTWARD BIASED and NOT ACCOUNTABLE to the PEOPLE, in contrast to the LEGISLATIVE and EXECUTIVE branches of the government.
It's time to change this along the lines already demonstrated by "Suing the CLASS ACTION LITIGATORS", via more frequent invocations of JUDICIAL IMPEACHMENTS and RECALLS!!
If that does not work, let's press for a CONSTITUTIONAL AMENDMENT that spells out the proper restrictions on the de facto POWERS OF THE JUDICIARY, and makes this largely UNELECTED branch of our government more ACCOUNTABLE!!
LEGAL ISSUES
http://members.fortunecity.com/veritas1/aopedix1.html#lawyers