[freedomdefender]

As ridiculous as this is going to sound, a judge has made a finding of fact that Terri wants to die, any legislation directed at keeping her alive would be inf act "punishing" her without a trial.

I don't think so. As I understand it, they're trying to allow federal court review of the judge's bogus "finding of fact." Just the way they allow federal court review of local court rulings dealing with the death penalty. If an honest federal judge gets this case - somebody who isn't tied into the Pinellas trailer-park-ole-boy network, the way Greer is - then a fresh review of the evidence would happen, and Greer's incompetent or evil (take your pick) decision could get reversed.

[bigeasy_70118]

I don't think so. As I understand it, they're trying to allow federal court review of the judge's bogus "finding of fact." Just the way they allow federal court review of local court rulings dealing with the death penalty.

Well that gets around the bill of attainder and the ex post facto problems. It also gets around any federalism issues, as it will simply be an expansion of the jurisdiction of the federal judiciary. This could be real good news.

[Deo volente]

You are absolutely correct.

A federal court can review issues of due process under the Fifth and Fourteenth Amendments. A state judge is not immune from federal judicial review in these areas.

The allegation would be that Greer is depriving Terri of her right to life under the 5th and 14th Amendments without due process of law, in that he has ignored all evidence that would go against his PVS conclusion, and has refused to hear any of it. The affidavits submitted the other day by all those neurologists were just plain ignored.

"I don't anyone feeding that girl !!!"
"The law of the case is that she will die."

(Quotes from George W. Greer)