Judge Whittemore places Schindler family and attorney in "Catch-22" position

world mag ^ | Matt French

[repinwi]

Judge Whittemore in court this afternoon requested of Schindler attorney David Gibbs a response to a brief by Schiavo attorney Felos questioning the constitutionality of legislation passed last night by U.S. Congress and signed by President Bush.

Acknowledging that Terri’s life hangs in the balance, Judge Whittemore said to Gibbs that he acknowledged the “catch-22” he was being placed in, but he would like Gibbs to respond to the Felos brief before giving his ruling. Whittemore offered U.S. attorney Zimmerman the opportunity to join Gibbs in defending the constitutionality of the congressional action, but refused to require the justice department to defend the legislation.

The "catch-22," of course, is that while Gibbs must respond quickly because of the threat of death Terri faces, he must develop a cogent argument. Making Gibbs's job harder yet, Whittemore indicated that he would rule in the absence of a response at some point anyway.

Gibbs's arguments for a “de novo” (brand new) review in accord with congressional legislation hinge upon Judge Whittemore first rejecting the Felos brief questioning the constitutionality of this morning's congressional action.

[ontos-on]

I agree. And that's the irony of it all.

But must we then not answer why this is so? What is this feminism that "they" follow? and how is it so different from what they try to glom onto?

[antiRepublicrat]

Well, at least Judge Whittemore is asking for the Schindlers' attorney (and the DOJ) to provide arguments to back up the constitutionality of the statute instead of just declaring it unconstitutional from the start.

He assumed the law to be constitutional from the very beginning of his first order, dismissing constitutionality arguments. I think he's only doing this to stop MS's legal maneuvering about constitutionality.

I see a lot of people wishing he had a heart, but the law doesn't have a heart, and he appears to be following it quite strictly. As I've said, where's an activist judge when you need one.

[antiRepublicrat]

4. He's dragging things out so she'll die before there can be an appeal.

I doubt this is the case since he was probably up all night for the first order.