Judge receives Schiavo Lawsuit

The Miami Herald ^ | 3/21/2005 | Phil Long

[MichaelP]

Posted on Mon, Mar. 21, 2005

R E L A T E D C O N T E N T

LAST-MINUTE ACTION: David Gibbs III, the attorney for the Schindler family, holds a copy of the lawsuit filed in the Terri Schiavo case outside the U.S. Courthouse early Monday morning in Tampa. CHRIS O'MEARA/AP

R E L A T E D L I N K S • Read the legislation • Some churchgoers see case's shades of gray • Protest outside husband's house • Mom: It's about love, not 'yes' or `no' • Is Congress overstepping its limits? Legal experts at odds • Previous coverage | The life of Terri Schiavo • Emotions fill Capitol debate • Schiavo visitors watch with prayers • High-profile antiabortion protesters reunited • Death from dehydration common, placid, doctors say • Schiavo case hits home for some • Read the subpoenas • Read the federal motions • Forum | What do you think about the recent developments? • Gov. Bush leads unprecedented lobbying effort • Schiavo's plight still weighs on former guardian • Subpoenas rely on anti-Mafia tactic • Protests shatter calm at hospice • Time runs short for Schiavo • Lawmakers widen Schiavo right-to-die fight • Graphic | Timeline • On the Web | Legal documents • On the Web | President Bush's remarks on the Schiavo case • Read Dr.Wolfson's final report

Judge receives Schiavo lawsuit

BY PHIL LONG

plong@herald.com

TAMPA - Capping a hectic night of action by the Republican Congress and President George Bush to pave the way, a new federal lawsuit designed to keep Terri Schiavo alive landed early this morning in the hands of a federal judge appointed by Democrat Bill Clinton.

See link for rest

U.S.

[Boardwalk]

Great 5 hours more without water! Most people believe that Terri is a vegetable on life support and that type of public opinion is working against Terri.

I hope that there is an investigation, even if Terri does not make it.

Prayers for Terri and her family!

[PistolPaknMama]

He IS trying to run out the clock. By that time Terri will have been dehydrated and starved for over 3 whole days.

Just be patient today. I am a paralegal and very impressed he has already reviewed the pleadings and scheduled the hearing for today. We have no idea if he has another case this morning or what is going on in his office. That he worked this hearing in today is very hopeful (I hope).

[Boardwalk]

We can only hope! I hope other people benefit from this entire mess!

[FairOpinion]

This is URGENT, NOT a "normal" case. The whole US Congress and President Bush could come in on the weekend, and this judge can't take 1 minute to sign an order to reinsert the feeding tube, THEN he can take his time with the hearing.

[Spunky]

"Are the valves and shunts metal?"

The valve is plastic, but I think there might be metal hinges on them. Not sure about the shunts.

All I know is they just said it had been long enough since they were put in. So I assumed that maybe the shunts were a wire screen and since it was long ago it didn't matter.

[Defiant]

Thanks for the links. I went to the Tampa Fed. Ct. web site, and it looks like most of the District judges are Dem. appointees. There were a couple for whom there was no info.

It is most troubling that this judge was a public defender. Those guys are true believers. It's also troubling that he didn't issue a ruling right away. It evinces an attitude of unconcern over her dying while he is reading the papers. That's what temporary orders are for, to keep things as they are while a decision is being made.

[Zechariah_8_13]

http://www.clickondetroit.com/news/4302770/detail./index.html

Please Freep the poll on the right of the page!

It's incredibly biased in the way it's phrased, but still shocking that the support for Terri's life is only at 17%!

[who knows what evil?]

Bobby Schindler on with Glenn Beck right now...

[NeonKnight]

I hate to see the Feds involved in this, but something has to be done. Shame on the Florida legislature. They could easily have enacted legislation requiring a complete physical examination, including MRI, before any life or death decisions by the family can be implemented.

[JCEccles]

If Whitemore fails to grant the injunction, it's probably over at the federal level.

He would have to conclude that the Schindlers have presented NO evidence that, if believed, would entitle Terri to relief. Alternatively, or also, he would have to conclude that the denial of sustenance and water to Terri under the facts as alleged by the Schindlers violates no federal or constitutional right.

And in making these determinations the judge is not allowed to ride piggy-back on any prior determinations made in the Florida state courts.

I believe the easier course of action would be for the judge to grant immediate relief and allow the issue to fully play out in federal court. If he chooses not to, it will be because he desperately wants Terri dead and is willing to take the harder road to get to that result.

[hispanichoosier]

What about those RINOs who did not vote?

I hear you! However, since many House members had left DC to fan out across the country (and globe!), they may not have been able to get back in time. I know, for example, that John Hostettler (IN-8th) is no RINO but was apparently unable to return in time to vote.

[nmh]

Shall and may do mean different things. Sad sigh.

[GarySpFc]

Dang, I wonder how many meals this judge is going to have from the time he gets the papers until making his ruling.

[GeekDejure]

The 23rd Psalm --- Translated to Terri's Present Reality !!!

The Lord is Terri's Shepherd --- That's Relationship !!!
She shall not want --- That's Supply !!!
He maketh her to lie down in green pastures --- That's Rest !!!
He leadeth her beside the still waters --- That's Refreshment !!!
He restoreth her soul --- That's Healing !!!
He leadeth her in the paths of righteousness --- That's Guidance !!!
For His name sake --- That's Purpose !!!
Yea, though Terri walks through the valley of the shadow of death --- That's Testing !!!
She will fear no evil --- That's Protection !!!
For Thou art with her --- That's Faithfulness !!!
Thy rod and Thy staff they comfort her --- That's Discipline !!!
Thou preparest a table before Terri in the presence of her enemies--- That's Hope !!!
Thou annointest her head with oil --- That's Consecration !!!
Her cup runneth over --- That's Abundance !!!
Surely goodness and mercy shall follow Terri all the days of her life --- That's Blessing !!!
And she will dwell in the house of the Lord --- That's Security!!!
Forever --- That's Eternity !!!
Congressional Subpoena & President Signs Schiavo Bill --- That's Deliverance !!!
Face it ---- The Lord is crazy about Terri !!!
Otherwise --- Why else would He continuously deliver her from
the evil hands of her attempted murderers ???

[nmh]

"Face it ---- The Lord is crazy about Terri !!!"

No, the good Lord is testing us through Terri.

He loves Terri but He is using her to point out that life is precious.

[Dasaji]

I don't think Terri can have an MRI because there are electrodes still in her head from the experimental therapy MS took her to California for and then never had removed (contraindicated to treatment, of course.)

[BCrago66]

This is a TRO, to my knowledge, not a preliminary injunction. It doesn't get any more of an emergency than this. I'm not too impressed by the judge's behavior so far. He could have issued an immediate injunction while he was considering the issues of the case.

[TheDon]

Perhaps. Just passing along what I heard. In any case, let's hope Terri won't be killed.