of the document, especially the fourteenth amendment, as justification.
The Griswold decision has had very far-ranging, significant implications beyond whether Connecticut men could use condoms. It has since been cited again and again by the court, most notably in Roe vs. Wade . In that decision, as well as numerous others, the court accepted a woman’s dominance over her own body, saying that all such decisions were private and between her and her doctor, without the government having any right to interfere.
So I cited Griswold repeatedly throughout my brief. Our position was that Sheryl Harrison had total control of her own body, including ending its life in order to save that of her daughter. It was, essentially, a “private” matter, and none of the government’s business.
I recognized that one of the counterarguments would be that once Sheryl was convicted and sent to prison, she gave up control of her body, so completely that the government had the right to imprison it. I thought that argument was easily refuted; for instance, surely her being an inmate didn’t give the authorities the right to experiment on her, or sterilize her. Her essential bodily privacy was maintained, even in prison.
My counter to the law against assisted suicide was considerably less effective. I argued that the intent in this case was not suicide; the intent was simply to save a life by providing a transplant. The fact that she would die in the process was a secondary effect; in fact, if an artificial heart could keep her alive after the operation, she would certainly consent to that.
When I finished, I was struck with a realization that made me understand how far in over my head I was. I had never so much as argued a case in any court before, which in itself is not unusual for a person on my level within the firm. The senior partners handle the courtroom roles, and we associates provide them the backup they need, and demand.
But now here I was filing suit in the New Jersey Supreme Court, asking that they hear this on an expedited basis because of the urgent time considerations. It was comparable to the clubhouse custodian at Yankee Stadium suddenly being called on to replace Derek Jeter at shortstop.
I didn’t even have any idea how to do it, so I called my uncle Reggie, who walked me through the fairly easy mechanics. I would literally drive to the courthouse, walk in the front door, and hand it to the clerk.
“But don’t go alone,” he said.
“You want to go with me?”
“What do I look like, a valet? Why the hell would I go with you?”
“You just said I shouldn’t go alone,” I pointed out.
“Right. You should go with every reporter and cameraman you can find. And bring the daughter; have her faint a couple of times on the courthouse steps.”
I couldn’t help but smile. “You don’t think that’s a little too subtle?”
“Jamie, here’s your only shot. You’ve got to get every person in America on your side. They need to think that if their elected officials turn you down, they are murdering a teenage girl.”
Reggie’s comment jarred me, but not for the reason he would have thought. It made me realize that this really was about that teenage girl, slowly dying, probably scared out of her mind. She and her mother were what I should be focusing on.
Of course, I also knew that Reggie was right, and that it was in Karen’s best interest to have the media on her side. I didn’t know how one attracts “every reporter and cameraman,” so Reggie said he would take care of it with one phone call. “Just wait a half hour and head for the courthouse.”
I hung up, and as soon as I did the phone rang. Assuming it was one of the media people, I picked it up, so that I could announce my intentions.
“Jamie, this is Gerard Timmerman.”
He didn’t need to mention that he was the Gerard Timmerman of the firm of Carlson, Miller, and Timmerman, the firm that gave me a paycheck twice a month. Everybody
The Griswold decision has had very far-ranging, significant implications beyond whether Connecticut men could use condoms. It has since been cited again and again by the court, most notably in Roe vs. Wade . In that decision, as well as numerous others, the court accepted a woman’s dominance over her own body, saying that all such decisions were private and between her and her doctor, without the government having any right to interfere.
So I cited Griswold repeatedly throughout my brief. Our position was that Sheryl Harrison had total control of her own body, including ending its life in order to save that of her daughter. It was, essentially, a “private” matter, and none of the government’s business.
I recognized that one of the counterarguments would be that once Sheryl was convicted and sent to prison, she gave up control of her body, so completely that the government had the right to imprison it. I thought that argument was easily refuted; for instance, surely her being an inmate didn’t give the authorities the right to experiment on her, or sterilize her. Her essential bodily privacy was maintained, even in prison.
My counter to the law against assisted suicide was considerably less effective. I argued that the intent in this case was not suicide; the intent was simply to save a life by providing a transplant. The fact that she would die in the process was a secondary effect; in fact, if an artificial heart could keep her alive after the operation, she would certainly consent to that.
When I finished, I was struck with a realization that made me understand how far in over my head I was. I had never so much as argued a case in any court before, which in itself is not unusual for a person on my level within the firm. The senior partners handle the courtroom roles, and we associates provide them the backup they need, and demand.
But now here I was filing suit in the New Jersey Supreme Court, asking that they hear this on an expedited basis because of the urgent time considerations. It was comparable to the clubhouse custodian at Yankee Stadium suddenly being called on to replace Derek Jeter at shortstop.
I didn’t even have any idea how to do it, so I called my uncle Reggie, who walked me through the fairly easy mechanics. I would literally drive to the courthouse, walk in the front door, and hand it to the clerk.
“But don’t go alone,” he said.
“You want to go with me?”
“What do I look like, a valet? Why the hell would I go with you?”
“You just said I shouldn’t go alone,” I pointed out.
“Right. You should go with every reporter and cameraman you can find. And bring the daughter; have her faint a couple of times on the courthouse steps.”
I couldn’t help but smile. “You don’t think that’s a little too subtle?”
“Jamie, here’s your only shot. You’ve got to get every person in America on your side. They need to think that if their elected officials turn you down, they are murdering a teenage girl.”
Reggie’s comment jarred me, but not for the reason he would have thought. It made me realize that this really was about that teenage girl, slowly dying, probably scared out of her mind. She and her mother were what I should be focusing on.
Of course, I also knew that Reggie was right, and that it was in Karen’s best interest to have the media on her side. I didn’t know how one attracts “every reporter and cameraman,” so Reggie said he would take care of it with one phone call. “Just wait a half hour and head for the courthouse.”
I hung up, and as soon as I did the phone rang. Assuming it was one of the media people, I picked it up, so that I could announce my intentions.
“Jamie, this is Gerard Timmerman.”
He didn’t need to mention that he was the Gerard Timmerman of the firm of Carlson, Miller, and Timmerman, the firm that gave me a paycheck twice a month. Everybody
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