Posted on 03/23/2005 8:39:18 PM PST by logician2u
There has been some terrible lawyering this week. But I can't fault the Schlinders' attorneys for it. The intent of the Palm Sunday compromise was to slow the process down. It has only exacerbated the legal process that will now culminate with Terri Schiavo's death. They have been on the clock since last Friday and are doing yeoman's work but it does not lend itself to fashioning the best legal arguments.
Congress's law provides no standards for granting injunctive relief. They could have given some guidance but didn't. Therefore, the federal standards in place are to guide the judge. One of the prongs of the four prong test is a substantial likelihood of success on the merits. The Schinlders raised three claims all dealing with procedural due process. I am sorry to say none would have been meriroious on a de novo review.
The best argument that by finding on flimsy evidence that Terri Schiavo has expressed a desire for lack of life support, Greer has denied her substantive due process right to life under the 14th amendment. This was not done and Whittemore cannot rule on arguments not before him.
Further, the Schindler's never asked for relief under the All Writs Act which was tailor made for this situation. Since that issue was not before him, Whittemore didn't abuse his discretion. These arguments were raised in the 11th Cicurit and they should have recognized Congress's intent and fashioned a remedy in equity but I can't blame them for not doing so.
Since I have no ability to determine the existence of any of the infinite number of possible gods, I don't assume any of them either exist or don't exist.
I am an attorney and I would like to refrain from Monday morning quarterbacking. I agree that they are to be applauded for their efforts, even if the result will not be what we wish for.
You obviously think an alleged diagnostic done later in the time line applies to every moment after the accident.
Then why would your diety decieve people by allowing hundreds of different denominations that claim to follow him exist? Each claiming the other sectarian will go to hell and the common man left in the middle with no objective means to tell them appart?
Oh, and Terri's parents have offered to furnish rehab to Terri to try to get her to swallow again. The Greer Ghoul and Michael Monster have refused.
So when it comes to religion, you're simply uninformed . Thanks for speaking out.
Not if the real god completely unknown and is testing us to see if were are not gullible and refuse to follow the false gods known to man. In this case, you'll be the one burning.
Another caller pointed out that Abraham Lincoln's assassination was on Good Friday.
That brought up a what if. What if Mrs. Shiavo died this Friday?
(Does Mrs. Shiavo have to be Jesus to be important in the eyes of God?)
Ya know, people say that Americans know geography only because of our wars.
Are events today a way of teaching us God's word?
What is the next lesson?
So show me the proof of your god? Can't? Thought so. Went it comes to religion you just a scared little fool who is afraid he's going to burn in hell if he uses his reason. Thanks for speaking out and sharing!
OH? So Methodists think Baptists are going to Hell. That is just not true. There are all stripes of Freepers as well. It has to do with the doctrine of free will.
Where can I learn more about this theory?
It's spelled "Free will." We get to choose good or evil. By it's fruits we know it.
I see you seem to have forgotten a guy named Satan, too.
My, you truly are uninformed about this subject. Maybe you should keep your day job?
I don't know, I just made it up.
Show me the forth dimension. Show me an atom. Show me love. Show me thought.
Oh, I'm not asking for any MMQB'ing. Actually, I have a lot of emphathy for those guys. Essentially, they're doing what the Bush v Gore lawyers had to do, but they have about 1/1000th of the resources. I've begun to see in the media some criticism of their work by those in the conservative camp. It got me to thinking that these guys have to be in over their head or at least up the their limits.
"then living without a feeding tube should be no problem."
The judge didn't "just" order the removal of the feeding tube, he specifically ordered that Terri be given NO nourishment and NO hydration -- by ANY means.
According to the jugde people aren't even allowed to try to give Terri icechips, or water, even if she could swallow it.
The Nazi deathcamps moved to Florida.
So it's not based on any rational motive. That brings us back to where we started. Is that really how you lead you life?
"blah blah blah blah blah "
How accurate your statement on your home page is. Summing up all your posts so well -- except the "blah, blah" is less insulting than your posts.
Being offensive is not a virtue.
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