Asking for some legal perspective
ping to read later
ping for later
I don't think so, unless there is a ruling made that can be appealed. Maybe they can appeal the refusal of an emergency order to reinsert the tube.
first do no harm. she ought to have been fed while there is question about the decision. I once again understand those dreams where you're screaming but no one's hearing you.
If she's still alive, maybe. But it looks like the judge is delaying so that she won't be.
Yes, they can appeal for emergency relief. Since it has been "only" three days, and she has gone six before, the courts probably don't consider this an "emergency" as they test her endurance once again.
Makes sense and therein lies the rub.
Give the judge a break, people. He needs to eat his breakfast , lunch, dinner, and snacks. How is a judge to think on an empty stomach?!
/dripping with sarcasm!
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.
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.
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"
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!
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.
my impression a writ could only be done if they could show the judge is stalling.
I'm not covinced that the Schindler's lost this case so much on poor judging as absolutely horrific lawyering.
In the face of such naked inhumanity, where are the Democrats who cry "Not in my name!"
They could ask for a writ of mandamus, but there is virtually no chance that it would be granted. You could try to judge shop by moving to recuse the judge, but that is also a high risk, low chance of reward strategy. There are things you can do, but if the judge is determined to stall, he will be able to.
Ye know...
Maybe they should introduce a law whereby deathrow in-mates get drip feeded poisons in between appeals just to speed up the inevitable...
Seems like they are doing this to Terri...and she never did anything wrong.