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Judge receives Schiavo Lawsuit
The Miami Herald ^ | 3/21/2005 | Phil Long

Posted on 03/21/2005 6:21:04 AM PST by 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.

(Excerpt) Read more at miami.com ...


TOPICS: News/Current Events
KEYWORDS: cultureofdeath; euthanasia; feedingtube; goebbels; goebels; hitler; imageofgod; imagodei; jameswhittemore; judge; judgewhittemore; lawsuit; nazis; propaganda; righttolife; schiavo; terri; terrischiavo
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To: Wiser now

Does anyone have the link to the Friday story where the Florida woman was charged in the starvation, dehydration death of her Pit Bull?


21 posted on 03/21/2005 6:38:36 AM PST by massgopguy (massgopguy)
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To: MichaelP

Clinton appointed judges are death-oriented, so this is not a good development.


22 posted on 03/21/2005 6:38:49 AM PST by tomahawk
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To: mware

Let's make sure all FReepers know the 5 RINOs who voted NO & help out their primary opponents in '06:

Mike Castle (Delaware-At Large)*
Charles Dent (PA-15th)
David Reichert (WA-8th)
Christopher Shays (CT-4th)...no surprise
Ginny Brown-Waite (FL-5th)

*Note to Delaware FReepers: Rep. Castle is having a town hall meeting tomorrow (March 22) at the Brandywine Hundred Library (1300 Foulk Road, Wilmington) at 7:00 p.m.


23 posted on 03/21/2005 6:39:42 AM PST by hispanichoosier
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To: Guillermo
Someone correct me if I misunderstood this.....

Once the case goes to a Federal Court, they start from scratch, and the feeding tube must be reinserted until the case is deliberated.

24 posted on 03/21/2005 6:39:50 AM PST by ohioWfan (The trumpet of freedom has been sounded, and that trumpet never calls retreat. (George W. Bush))
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To: 1Old Pro

It is a disaster.

Soemthing is not right about the judge selection process; this is the worst thing that could have happened.

You know this Clintonista judge is going to order that Terri starve to death, too.

Any doubts?


25 posted on 03/21/2005 6:39:53 AM PST by JFK_Lib
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To: ohioWfan

No. Its discretionary.

The Clinton-appointed judge might sit on this until she's dead.


26 posted on 03/21/2005 6:40:55 AM PST by tomahawk
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To: JFK_Lib

Clinton judges are basically death judges (for the innocent), so this is not good.


27 posted on 03/21/2005 6:41:27 AM PST by tomahawk
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To: ohioWfan

Yes, you misunderstood. It is up to the judge to decide whether the case has merit and the Feds get involved. It is also up to his discretion to decide whether or not to re-insert the feeding tube.


28 posted on 03/21/2005 6:41:39 AM PST by ContraryMary
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To: tomahawk
We'll be dealing with the toon's judicial legacy for years and years. It's depressing!

Mike

29 posted on 03/21/2005 6:41:45 AM PST by MichaelP
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To: massgopguy

I haven't heard that story.


30 posted on 03/21/2005 6:41:49 AM PST by Wiser now (A bitter, sour old woman is the crowning work of the devil.)
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To: JFK_Lib
Doubts? Yes.

God is Sovereign, and HE is at work here. Keep praying.

31 posted on 03/21/2005 6:41:51 AM PST by ohioWfan (The trumpet of freedom has been sounded, and that trumpet never calls retreat. (George W. Bush))
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To: Guillermo

It did not order the tube reinserted. It simply ordered federal review. Presumably, the review will take longer than the life of Terri Schiavo requiring the judge to have the tube reinserted so that the review is not meaningless.

That's how I understand it. Feel free (anyone) to correct me if I'm wrong.


32 posted on 03/21/2005 6:42:34 AM PST by xzins (Retired Army Chaplain and Proud of It!)
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To: MichaelP
I wonder if Justice Kennedy's respect for "world opinion" on the juvenile death penalty will have any bearing on this Clinton appointed judge when he considers the country's opinion of the Schiavo case. After all, judges are now are legislators.

Why didn't we just pass a bill stating you can't pull a feeding tube if there is disagreement among the victim's immediate next of kin?
33 posted on 03/21/2005 6:43:14 AM PST by farmer18th (Compromising with absurdity is absurdity)
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To: MichaelP; Liz; Southack; doug from upland; thoughtomator; Drango; Dog; Cindy

The GOOD news is that Congress controls all inferior Federal courts, including their funding. Congress is the Sleeping Giant that has long slumbered while the District Circuit Courts of Appeal have been systematically shredding corners off the Constitution....

This is all good in the big picture for America, public pressure FORCING our legislators to wade into the judicial sewer with a plunger.

I pray it all works in time for Terri's sake. If it doesn't, she will be a martyr poster child for political campaigns for years to come and the Libs will rue the day she dies....


34 posted on 03/21/2005 6:43:43 AM PST by The Spirit Of Allegiance (ATTN. MARXIST RED MSM: I RESENT your "RED STATE" switcheroo using our ELECTORAL MAP as PROPAGANDA!)
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To: MichaelP

I have as much confidence in Clinton judges as I do in Hitler and Stalin judges.

They are ideology-driven, for the most part.


35 posted on 03/21/2005 6:44:05 AM PST by tomahawk
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To: MichaelP

"It was assigned to U.S. District Judge James Whittemore, who was nominated to the court in 1999 by President Clinton. Gibbs said the judge sent a message that he would call the Schindlers' lawyers back to court once he completed a review of the filings in the case. Whittemore's staff was not available for comment early Monday morning."

http://apnews.myway.com/article/20050321/D88VDJ4O0.html


Sadly, it looks like he is dragging his feet and will wait until Terri dies. He could have ordered the reinsertion of the feeding tube the moment he got the filing,


36 posted on 03/21/2005 6:44:08 AM PST by FairOpinion (http://www.helpterri.com)
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To: deport

**After a determination of the merits of a suit brought under this Act...**

Heck, she might be dead before this happens.


37 posted on 03/21/2005 6:44:20 AM PST by Guillermo (MoveOn CurlsUp InCorner)
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To: deport

I wonder if Bush will add the lifetime costs of her medical care to his "deficit reform "
If she dies it could save a lotta money.

* yeah bad joke I know *


38 posted on 03/21/2005 6:44:32 AM PST by mizled24
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To: TAdams8591
What is taking him so long?

He would rather this be contested in moot court.
39 posted on 03/21/2005 6:44:58 AM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: JFK_Lib
Soemthing is not right about the judge selection process;

It's random, and Clinton had 8 years to appoint a lot of judges. It's not unusual that it would go to a Clinton appointee.

And a few Republican appointees have already sided with Michael, so there would be far from a guarantee with any judge.

40 posted on 03/21/2005 6:45:31 AM PST by Phocion (Abolish the 16th Amendment.)
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