Posted on 03/21/2005 2:45:19 PM PST by AntiGuv
PINELLAS PARK, Fla. (AP) -- Armed with a new law rushed through Congress over the weekend, the attorney for Terri Schiavo's parents pleaded with a judge Monday to order the brain-damaged woman's feeding tube reinserted.
U.S. District Judge James Whittemore did not immediately make a ruling after the two-hour hearing, and he gave no indication on when he might act on the request.
The hearing came three days after the feeding tube was removed. Doctors have said Schiavo could survive one to two weeks without the tube.
During the hearing, David Gibbs, an attorney for the parents, said that forcing Terri Schiavo to die by starvation and dehydration would be "a mortal sin" under her Roman Catholic beliefs.
"It is a complete violation to her rights and to her religious liberty, to force her in a position of refusing nutrition," Gibbs told Whittemore.
But the judge told Gibbs that he still wasn't completely sold on the argument. "I think you'd be hard-pressed to convince me that you have a substantial likelihood" of the parents' lawsuit succeeding, the judge said.
George Felos, one of the attorneys for husband Michael Schiavo, told Whittemore that the case has been aired thoroughly in state courts and that forcing the 41-year-old severely brain damaged woman to endure another re-insertion of the tube would violate her civil rights.
"Every possible issue has been raised and re-raised, litigated and re-litigated," Felos said. "It's the elongation of these proceedings that have violated Mrs. Schiavo's due process rights."
Terri Schiavo's feeding tube was removed at 1:45 p.m. Friday, the third such time she had begun what Felos described as "her dying process." On both previous occasions, the tube was re-inserted by court order.
If the Clintons don't kill you, their judicial appointments will.
So, how long does a phone call take?
This is a Clinton appointed judge, a democrat "activist" judge. Hence he is corrupt and urinates on justice.
He will sit down for a gourmet meal tonight, with the finest wine and food, while Terri starves to death. He is a democrat.
What the hell is with this foot dragging? The Judge is going to let them slowly torture and murder this woman, the justification being that the parent's probably wouldn't win a lawsuit after they sucessflly murder her with a Judge and the state of FL's blessing?
Is his primary consideration a LAWSUIT? And he will let her be murdered at the hands of the state, if he thinks it wouldn't result in successful litigation? Is that what I am picking up here?
I have a bad feeling he is hoping she passes away before he has a chance to rule. One of the parents' lawyers was just on and said Terri isn't doing well. Don't know how this guy can live with himself.
Applying the normal standards for an injunction (substantial liklihood of prevailing on the merits) is ludicrous in this case. Without it, the case will be rendered moot, and the person dead. Since the matter is de novo, it strikes me that the judge would have a hard time really knowing how it will turn out, given that the previous evidence cannot be taken cognizance of, and even if declarations can be, that does not afford demeanor evidence and cross examination.
""I think you'd be hard-pressed to convince me that you have a substantial likelihood" of the parents' lawsuit succeeding, the judge said."
The point was a "de novo" hearing, i.e. starting NEW and fresh, and keeping Terri alive, so someone can hear the new case and rule on it, NOT deciding the case, while Terri is dying of thirst and hunger. The judge shouldn't expect to be convinced of whether the parents' lawsuit succeeds, only that Terri had no representation of her own, which is already painfully obvious.
Way to jump to conclusions, make unfounded accusations, defame someone, and misstate the law all in one post. Congratulations.
It's all on Jeb, if this fails. He can send the Guard in and keep it a state matter.
You misunderstand the evil nature of these judges. Being at this junction in life is probably the fulfillment of his liberal dreams. He can let Terri die and, as MRS said, "feel good about it"! He may even later receive some kind of euthanasia award.
That's probably what the Federal Judge is hoping: Terri will die before he has to make it official that he's the one willing to let her die.
My beloved said if he allows Greer's rulings to stand he (the judge) knows he's NEVER going to get any higher in the Judge-food chain, and he also knows if he sets Greer's rulings aside the Dems themselves won't let him get any where.
My, my.
As they say, "Life is rough in the fast lanes."
Can someone tell me if THIS judge is also pro-death by way of euthanasia???
It's a deadly desease, euthanasia is, but it seems but it's afflicting all the wrong people....
Maybe he should sleep on it
It has already been OVER three days for Terri without food and water. A human body can only take so much -- you can go without food much longer, but not without hydration, before going past the point of no return.
It was a miracle, that last time Terri actually recovered after her feeding tube was out for six days.
But after three days, some terrible symptoms are appearing, I am sure -- just do a search on death and dehydration.
And if he quickly issued an opinion upholding the Florida courts he'd be accused of not looking at all the facts. Face it, if he doesn't agree with you, he's going to be pilloried.
Radical? Yes.
Unprecedented? No.
She (the judge) fully intends to murder Terri. If she were anything other than prejudicial, she would have allowed Terri to be fed while she analyzed the case. The judge's refusal to allow Terri to live shows that Terri will be murdered.
The judge is a boy, not a girl.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.