Can Schindlers' lawyer appeal to 11th circuit for food, water, if the district judge doesn't rule?

[freedomdefender]

This federal judge in Tampa seems to be dragging his feet. Terry is starving. Are there any appellate lawyers out there who can tell me: Can Gibbs, the Schindlers' lawyer, make any kind of appeal to the 11th circuit in Atlanta before the district judge makes a ruling? If the judge stalls and stalls, the case will be moot because Terri will be dead. Is it possible to make an emergency appeal - at least for food, water for Terri pending a decision on the case - without a formal decision to appeal from?

[Honestfreedom]

I take the fact that he is dragging his feet as evidence he will rule against the Schindlers. If he knew that he might rule in their favor he would have ordered that the starvation stop.

[whadizit]

This is a disgraceful display of justice!! I bet Delay, Sensenbrenner and others who scrambled to get everybody back in a hurry, stayed up all night, got W up, rushed this bill down to Fla, are just about ready to string this judge up, too! What an a--hole he is!!!!

The whole damn State of Florida needs to straighten up, guys!! Gov. Bush, I hope, will act if this passive-aggressive, radical, leftist "judge" refuses to act.

[scoastie]

I agree...it does seem as though he is waiting for the situation to be irreversible, before ruling, so that it will be too late to save her...

[This Just In]

It pains me to think of how Terri's suffering, and her family at this time, but I will not give up hope or prayers.

[HiTech RedNeck]

Gibbs ought to send the judge about 100 bags of Cheetos.

[Congressman Billybob]

I have never seen such an emergency appeal, but it is possible. The closest thing to what you suggest is what I've seen occasionally, when lawyers will go into a court for an order that a federal agency is dragging its heels and that it MUST act.

My gut instinct as a court watcher, is this: I think the judge has decided to rule that the law is unconstitutional, but is his deliberately delaying saying that, in hopes that Terri Schaivo will die before he hands down his decision. And that is reprehensible.

Congressman Billybob

Latest column, "Condi Rice & Pierce Flanigan's Father's Hat"

[whadizit]

I heard their lawyer today, or tonight, that he is pursuing other avenues. Seems as though he mentioned something about divorce since Michael has been/is unfaithful. I know they are not just sitting twiddling their thumbs!

[freedomdefender]

you really can't expect a ruling at the snap of a finger.

But as Santorum said, wouldn't it make sense - before the court wades into the actual issues in the case - to secure the health of the subject of the case, (Terri), so it's not prematurely mooted by her death? I'm not expecting a ruling on the merits of the case "at the snap of a finger" -- but I WOULD expect that the judge would give her water while we're waiting on his decision! And if he won't - can't the 11th circuit be asked, in an emergency petition, to do so?

[Alberta's Child]

For the sake of the U.S. Treasury, let's hope Terri's feeding tube is inserted ASAP. I'm not filing my tax returns this year until she's being fed again.

[Prince Charles]

My gut instinct as a court watcher, is this: I think the judge has decided to rule that the law is unconstitutional, but is his deliberately delaying saying that, in hopes that Terri Schaivo will die before he hands down his decision. And that is reprehensible.

This is the appropriate week for all "Pontius Pilates" to reveal themselves.

[This Just In]

It would appear that there is absolutely no "justice" in this case. Let us hope that I am incorrect.

[Political Junkie Too]

If ever there was an excuse to force one individual's right against a tyrannical government, this would be it.

Is the Second Amendment an individual right, or not?

-PJ

[pbear8]

but is his deliberately delaying saying that, in hopes that Terri Schaivo will die before he hands down his decision

I've been saying the same thing to my husband all day.

[Homer1]

what a moron

They should have persued this angle a long time ago

[This Just In]

I would rather send him a large dose of morality.

[longtermmemmory]

my impression a writ could only be done if they could show the judge is stalling.

[Judith Anne]

Alternatively, we can all send the dilatory judge a case of bottled water. Just so he gets the point that when HE takes a drink, Terri is dying of thirst.

[Homer1]

I'm not covinced that the Schindler's lost this case so much on poor judging as absolutely horrific lawyering.

[Crackingham]

But as Santorum said, wouldn't it make sense - before the court wades into the actual issues in the case - to secure the health of the subject of the case, (Terri), so it's not prematurely mooted by her death? I'm not expecting a ruling on the merits of the case "at the snap of a finger" -- but I WOULD expect that the judge would give her water while we're waiting on his decision! And if he won't - can't the 11th circuit be asked, in an emergency petition, to do so?

The first step would be to make an emergency injunction of that sort before the district judge now charged with deciding the case. If he denies the motion then there would be grounds to go to the appeal court with the same request. Who knows? They may move for such a motion tomorrow. My guess is that the plaintiffs will at least wait until morning before making that decision. We could very well have a ruling by then.