Posted on 03/29/2005 8:58:34 AM PST by Long Cut
the Law as passed is clear.
SEC. 2. PROCEDURE. Any parent of Theresa Marie Schiavo shall have standing to bring a suit under this Act. The suit may be brought against any other person who was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo , or who may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.
That is not ambiguous language, the statuatory construction MANDATES a that the hearing be actually HELD, and without Regard to previous state decisions.
and here's a link to the Amicus brief filed by the Members of Congress. Brief
If you want we can ping some lawyers too, but I think htis is fairly clear.
Started to get the kids an X-Box for Christmas, but they wanted a Game Cube more.
I still may get one, if for nothing else, than to play Halo on.
Backyard Wrestling and GTA......
Haven't tried Backyard Wrestling, but I've got GTA3, Vice City and San Andreas on the PS2. I love 'em all...
Those are the kind of corny jokes my mom tells me. So they always make me smile. :-)
Still on Vice City, havent even opened GTA3.
EWTN is live in Rome with a mass from St. Peter's - in Italian.
I think this is it.
The operative words there are "may" and "can". He specifically did NOT say "shall" and "must".
Look. You are cherry-picking the language you want from the bill (and from court filings) and you are trying to create a non-conditional review process where there are patent conditions on the scope of that review.
Please read: http://news.findlaw.com/hdocs/docs/schiavo/32305opn11.pdf -- and --
http://news.findlaw.com/hdocs/docs/schiavo/32505ord2nd.pdf
No, Frist is talking about the law in and of itself. If he couldn't separate his vocation as heart surgeon from Senator, then he has no business there.
he was speakaing Casually. See my post above with the Text, and the Brief file by members of Congress.
Shall...
Must.
Period.
The only person "floating around" at this point who remotely could become a saint is the Pope himself, IMO.
I am not cherrypicking anything. The Bill is clear. Whittemore Broke the Law, aided and abetted by Carnes and Hull.
I am not going to argue this any further, but after 8 years of being taught how to parse sntences because we had Clintoon in the WH, reading the Majority Opinion in the denial is an all too familiar exercise.
The Dissenting Judge is the one that got it right. Sadly he lost. But that doesnt change the fact of what they actually did.
The only way ou can argue that Whittemore did not violate the Law as Passed, is to argue (as Judge Birch did in the EN Banc refusal) that it is Unconstitutional. It may be, that is why I thought SCOTUS was doing a favor by refusing to hear it.
Sen. Rick Santorum has noted that the Constitution clearly gives Congress full control over the jurisdiction of the federal courts, including their very existence. Referring to an earlier decision by U.S. District Judge James Whittemore rejecting a request for emergency intervention, Santorum said: "What we asked for in the Congress was a new finding of fact. And this judge in this district ignored it, snubbed his nose at Congress, I think against the law."
I spent a few days working with the Tennessee down off Florida, when we were doing the Trident 2 test launches in the late 80s - the hippies, of course, tried to intervene and stop it...
Ahhh... Nuclear Missiles... Hippies... a Firehose... life doesn't get any better than that LOL
Better crack that thing open... ;0)
Nah. I don't think I will. He's a big boy and can handle himself. Maybe I should post a thread based on all the hatemail from fellow FReepers I've gotten in teh past week?
No? Didn't think so.
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