I think it is likely to be dropped. New Jersey is the *only* state that allows a religious exemption. 49 other states do not. Not exactly a supreme court case when a single state is out of line with all the others. And actually, NJ isn't really out of line... The state does define brain death as death. It simply has a rarely used religious exemption put in place, IIRC, due to the large Jewish population in the state.
New Jersey best place for brain-dead patients, expert says
"As far as I've been able to tell, no one knows if anyone has ever used it," he said. "You'd probably have to show you belong to a church that doesn't accept brain death or a religious group. But all that said, New Jersey...is the best destination."
The family never allowed a subsequent test for brain death. (They expressly asked the court to forbid the defendants from conducting one.). Had another standard brain death test showed activity, then that is *huge*. An EEG, meh, not so much .
Can brainwaves be detected in lime Jell-O?
The MRI shows horrific damage to the brain. It didn't show activity, just that some parts of the brain structure hadn't liquified. I don't think the family will want to go very far with the MRI... after all, if there is no structure to support auditory function, that undermines all their claims about her responding to vocal commands.
She may have regained some minimal function, IDK. But it's going to take more than a worthless EEG, an MRI that shows massive damage, and statements by doctors who never examined her and have spent the better part of their careers advocating a position that is well outside of the medical mainstream to convince me.
I would have been very interested in the results of another standard test for brain death, conducted by an independent, mainstream, neurologist. (preferably one that isn't retired and hasn't had his medical license revoked). As I said, it would be huge if another standard test for brain death showed activity. Unfortunately, the family chose not to allow it. Without the standard, medically accepted tests showing otherwise, she has remained legally dead.
The family's many statements outside court are certainly relevant in judging the veracity of their statements, both those pertaining to the events leading to her death and their subsequent claims of recovery. Especially considering they haven't allowed the hospital to release any documentation, and the emotional and financial incentive they have to see what they want to see (consciously or subconsciously).
Just like when there is a missing child, and the mother says she was just in the other room, then she says she was napping, then the child was playing outside, etc. When the story changes, that is a red flag that the person telling the story is lying. The truth doesn't change.
I feel for the mother. I've lost a child, a teenager just two years older than Jahi. And I don't blame her for not accepting her death. I would give anything to be able to delude myself that my son was still alive, in any capacity.
I envy her delusion. But that doesn't, unfortunately, make it any less a delusion.
