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US Federal Court Reviewing Right-To-Die Case
Reuters via Yahoo! ^ | 03/21/05 | Reuters

Posted on 03/21/2005 5:25:35 AM PST by Brilliant

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To: mrsmith

Courts don't issue "instant" orders. They insist on evidence, they have hearings, require briefings, etc. I'm not surprised it wasn't done instantly, particularly since "instantly" was in the middle of the night.

On the other hand, I'd be surprised if any relief is granted. It seems like it would be very easy for this judge to simply rule that the bill authorizing his jurisdiction is a bill of attainder, and hence, is unconstitutional.

And yet, I'd say that a federal court has jurisdiction to hear a case relating to Terry's due process rights, even before Congress passed the law last night. So maybe we'll get lucky, and the court will use that as a basis for intervening.


21 posted on 03/21/2005 5:54:30 AM PST by Brilliant
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To: Brilliant

The court could have issued an emergency order in the middle of the night. It happens all the time. That order could only be in effect ten days before another hearing must be held. The fact the judge let the lawyers leave the courthouse and did not rule quickly is not a good sign. I hope I'm proven wrong.


22 posted on 03/21/2005 5:58:09 AM PST by Williams
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To: Brilliant

RIGHT TO DIE????

Title should be - US Federal Court Reviewing Right-To-Kill Case.


23 posted on 03/21/2005 5:59:23 AM PST by NavyCanDo
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To: shezza

If you abstained from food and liquids for that period of time, I hope you were very healthy to begin with.


24 posted on 03/21/2005 5:59:59 AM PST by verity (The Liberal Media and the ACLU are America's Enemies)
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To: G Larry

***Why would the conversation have led to the distinction between "life support" and "feeding tubes"? ***

That distinction has bothered me all along. Many of us have said that if we are truly brain dead and have absolutely no signs of life, we'd rather not be hooked up to a machine. But how many of us would want to be starved to death when we are conscious and can feel the pain?


25 posted on 03/21/2005 6:01:26 AM PST by kitkat
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To: Brilliant

The judge was also assigned by random computer choice according to one account.


26 posted on 03/21/2005 6:01:54 AM PST by Military family member (If pro is the opposite of con and con the opposite of pro, then the opposite of Progress is Congress)
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To: Brilliant
Not a Bill of Attainder: no punishment, no bypassing of judicial trial by the legislature. Just because it's specific to one case is not sufficient to make a law a bill of attainder, the Supreme Court even specifically ruled so in the Nixon papers case.

A preliminary injuction so she won't suffer is fitting here.

It might be good that this is a Clinton judge, finding her a federal right would not be originalist. OTOH Clinton judges often rule against whatever the Republicans want. We'll see, she may "get off on a technicality". Which, sadly, is all I can see to hope for.

27 posted on 03/21/2005 6:03:38 AM PST by mrsmith
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To: dimmer-rats stealvotes

LAst night Wasserface said that he had spent all his own "loss of consortium" money won in the malpractise. I suspect that most of the money allocated for her care and therapy was spent on legal fees to kill her. There is not likely much left over and he could stand to receive the remiander at her death. The longer she lives, the more he loses.


28 posted on 03/21/2005 6:07:17 AM PST by Bear_Slayer (If you're gonna be a Knight act like a Knight.)
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To: G Larry

She wasn't healthy. She had lost more than a hundred pounds very quickly and had anorexia and bulimia. As is common in people with eating disorders, she had a dangerously low potassium level. People with eating disorders like that do have heart attacks.


29 posted on 03/21/2005 6:10:17 AM PST by somerville
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To: Bear_Slayer

LAst night Wasserface said that he [Michael] had spent . . .


30 posted on 03/21/2005 6:11:18 AM PST by Bear_Slayer (If you're gonna be a Knight act like a Knight.)
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To: Williams

What you're talking about is a TRO or preliminary injunction. I wouldn't say it "happens all the time" but it does happen. You're still required to have some evidence, though. The papers must include a sufficient affidavit, and a bond. Without those, I don't think he could have done it without a hearing.


31 posted on 03/21/2005 6:16:30 AM PST by Brilliant
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To: verity

I fast for 5 days a couple of times every year. However, I don't do without fluid.


32 posted on 03/21/2005 6:17:01 AM PST by Marauder (Socialists are so stupid.)
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To: dimmer-rats stealvotes

There might be an insurance policy....or other assets. As long as he is the husband, he would probably inherit other assets via intestacy statutes and the Parents would be cut-off from her assets. If Terri and Michael owned a home, as tenants by entireties or joint tenants....the husband would get it by operation of law when she dies. Joint brokerage accounts, IRA's, 401k....anything with a beneficiary designation would go to him. It's hard to imagine 20-somethings would have had much, but could be a factor.


33 posted on 03/21/2005 6:17:09 AM PST by Conservative Goddess (Veritas vos Liberabit, in Vino, Veritas....QED, Vino vos Liberabit)
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To: shezza

Either he should allow her hydration / food while he studies the case......or he should be denied food and water while he studies the case. Something tells me that denying him food and water would focus his mind appropriately.......


34 posted on 03/21/2005 6:20:00 AM PST by Conservative Goddess (Veritas vos Liberabit, in Vino, Veritas....QED, Vino vos Liberabit)
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To: Brilliant

Does anyone have a list of the 58 representatives who voted no?


35 posted on 03/21/2005 6:21:59 AM PST by ladyjane
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To: dimmer-rats stealvotes

"Does dapper dan Michael Schiavo get more money when she dies?"

I am wondering the same thing. Wonder how much life insurance he took out on her life??? BTW -- isn't his mistress in the insurance business?? This HINO is as guilty as Scott Peterson and OJ. AND if he gets his wish of Terri's cremation immediately after she dies and no autopsy, we will never know how she got into this condition, and the HINO will have destroyed all evidence against him. HE WILL GET AWAY WITH MURDER!!!


36 posted on 03/21/2005 6:30:01 AM PST by Polyxene (For where God built a church, there the Devil would also build a chapel - Martin Luther)
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To: ladyjane

Here you go.

http://clerk.house.gov/evs/2005/roll090.xml


37 posted on 03/21/2005 6:32:27 AM PST by repinwi
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To: traderrob6

I read some of that but couldn't go on; it was making me ill. That absurd left-wing hyperbole, spawn of the Vietnam anti-war protests, has gone on to the point where no rational person takes it seriously any more.


38 posted on 03/21/2005 6:33:36 AM PST by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Marauder

I fast for 5 days a couple of times every year. However, I don't do without fluid.

======

puck puck puck... cluck cluck cluck... Chicken !!! -))



39 posted on 03/21/2005 6:39:32 AM PST by GeekDejure ( LOL = Liberals Obey Lucifer !!!)
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To: Marauder

Exactly. As a general principle the body can do without food for a much longer period that it can without liquids.


40 posted on 03/21/2005 6:41:08 AM PST by verity (The Liberal Media and the ACLU are America's Enemies)
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