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.

[repinwi]

I'm not sure how to go about posting this information (even though it's from a BLOG) But I found this insight regarding the court hearing interesting and thought others would too. If this post is not in it's proper place, please remove it.

[Fitzcarraldo]

"Paper chase" with life and death implications.

[PhiKapMom]

Can someone tell me why this judge doesn't order the feeding tube reinserted as this is sorted out?

[XR7]

"Euthanasia" Killings in Nazi Germany

(http://www.holocaust-trc.org/hndcp.htm)

Forced sterilization in Germany was the forerunner of the systematic killing of the mentally ill and the handicapped. In October 1939, Hitler himself initiated a decree which empowered physicians to grant a "mercy death" to "patients considered incurable according to the best available human judgment of their state of health." The intent of the so-called "euthanasia" program, however, was not to relieve the suffering...

[repinwi]

well shoot, here's the rest of the article....if it's wrong to post, then please delete. More interesting stuff.

Though Gibbs stressed the imminent peril to Terri’s life, Judge Whittemore refused to grant immediate injunctive relief and warned media and attorneys that he would file electronically without warning.

In the courtroom, Gibbs was supported by four attorneys. Also on his side of the courtroom was U.S. attorney Zimmerman. Seated behind Gibbs was Mr. Schindler, Terri's father.

On the defendant's side of the courtroom were Felos, supported by Bushnell, Rebecca Steel co-counsel from the ACLU, and Hamden Baskin. In addition on the defense side was Barry Cohen appearing on behalf of Judge Greer and Gail Holtzman appearing on behalf of Woodside Hospice.

Judge Whittemore's questioning of Gibbs appeared adversarial, though by the end of the plaintiff's half-hour presentation, Whittemore appeared prepared to grant the injuctive relief sought. Whittemore asked far fewer questions of Felos, who presented an impassioned, precedent-filled, but sometimes convoluted, repetitive and high-pitched defense.

At one point, when Judge Whittemore was speaking to attorneys of time limitations in the case, Felos responded by saying, "We invite the court....we wish it had the time (it needs) to consider." Felos had just spoken of the amount of time Terri had survived without food or water two years ago and he was clearly urging Judge Whittemore to take his time ruling on the injunction.

Felos said that the case was before Judge Whittemore through congressional action because, "popular political clamor forced...this intrusion on Mrs. Shiavo's life."

Schindler attorney Gibbs stressed the need for prompt action throughout his presentation: "If this court does not act, and does not act quickly, the entire case will be moot because Terri will die," he said. "We are urgently pleading with this court to take immediate action," he said moments later. Noting that twelve hours had already elapsed since congressional and presidential action Gibbs said, "If we do not act today Terri Schiavo will be dead by dehydration."

[Darkwolf377]

Anyone who thinks this judge is going to order the tube reinserted is deluded.

Another victory for death on the way!

[PilloryHillary]

"Can someone tell me why this judge doesn't order the feeding tube reinserted as this is sorted out?"

Quite possibly because he has no intention of saving Terri. If he had a heart, that tube would be in by now. After all, he is a Clinton appointee......I pray that I'm wrong.

[hispanichoosier]

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. Please keep Gibbs in your prayers...I'm sure he's typing on a computer right now and suffering from extreme sleep deprivation.

[freedomcrusader]

There's only so many logical possibilities:

1. He thinks the likelihood of the Schindler's winning on the merits is low.
2. He wants her to die so he doesn't have to decide.
3. He's convinced she'll live until he does decide.
4. He's dragging things out so she'll die before there can be an appeal.

Some of the possibilities are charitable to the judge as a person, some are not.

[MinuteGal]

I think he hasn't ordered the tube re-inserted because he's not going to rule in her favor. He knows that a feeding tube isn't something that can be constantly screwed in and out like a light bulb. Insertion is like a mini-operation, particularly if the receiving "hole" in the body is closing up as the hours tick away.

His failure to order the re-insertion bodes ill and has me nervous as a cat on a hot Florida tin roof.

Leni

[syriacus]

but he would like Gibbs to respond to the Felos brief before giving his ruling...the Felos brief questioning the constitutionality of this morning's congressional action

Maybe someone can scribble a question in the margin of Felos' brief, asking why Michael is so anxious to end the "unhappiness" of a woman who he says can't think and can't feel anything.

[lionheart 247365]

ping

[Republican Wildcat]

Yep...drawing a Clinton judge for the case will be the end of the road.

[technomage]

What the H is it with these DeathoCrats??

Order her damn feeding tube back in and then figure out the rest of this crap!!

[Petronski]

Because he is a Clinton appointee.

[repinwi]

"Judge Whittemore's questioning of Gibbs appeared adversarial, though by the end of the plaintiff's half-hour presentation, Whittemore appeared prepared to grant the injuctive relief sought."

Of course this is purely speculative on the writers part, I would think he'd have a right to be, since he was in the courtroom. Only time will tell.

[ContraryMary]

The writer seems to think Whittemore is going to grant the relief.

[oceanview]

of course, that's what everyone is saying now. if he needed more time to look at the case, he could have ordered the tube put back right away and taken more time to review the entire case.

he's playing some kind of game.

[Darkwolf377]

It will be interesting to see how quickly this whole case disappears after her death. (I'm not trying to be cold folks, I'm just looking at the writing on the wall.) There will be a brief "Death Chic" in which people will rush out to get Living Wills drawn up...and then this will all fade.

We'll get back to talking about fillibusters, and hopefully this will have emboldened the R's to stop all this crap and get the judges voted on. We'll see.

I'd love to be proven wrong. But I don't see any hope.

[Petronski]

Your post is exactly what I'm thinking, Leni.

It's all so atrocious.