Posted on 03/21/2005 2:45:19 PM PST by AntiGuv
PINELLAS PARK, Fla. (AP) -- Armed with a new law rushed through Congress over the weekend, the attorney for Terri Schiavo's parents pleaded with a judge Monday to order the brain-damaged woman's feeding tube reinserted.
U.S. District Judge James Whittemore did not immediately make a ruling after the two-hour hearing, and he gave no indication on when he might act on the request.
The hearing came three days after the feeding tube was removed. Doctors have said Schiavo could survive one to two weeks without the tube.
During the hearing, David Gibbs, an attorney for the parents, said that forcing Terri Schiavo to die by starvation and dehydration would be "a mortal sin" under her Roman Catholic beliefs.
"It is a complete violation to her rights and to her religious liberty, to force her in a position of refusing nutrition," Gibbs told Whittemore.
But the judge told Gibbs that he still wasn't completely sold on the argument. "I think you'd be hard-pressed to convince me that you have a substantial likelihood" of the parents' lawsuit succeeding, the judge said.
George Felos, one of the attorneys for husband Michael Schiavo, told Whittemore that the case has been aired thoroughly in state courts and that forcing the 41-year-old severely brain damaged woman to endure another re-insertion of the tube would violate her civil rights.
"Every possible issue has been raised and re-raised, litigated and re-litigated," Felos said. "It's the elongation of these proceedings that have violated Mrs. Schiavo's due process rights."
Terri Schiavo's feeding tube was removed at 1:45 p.m. Friday, the third such time she had begun what Felos described as "her dying process." On both previous occasions, the tube was re-inserted by court order.
I remember the Rule of 4 for survival
4 minutes : oxygen requirement
4 hours : shelter requirement (hypothermia)
4 days : water
4 weeks : food
Go longer than that without the item listed and you are probably going to die.
He's contradicting many other experts in the field.
I would like to see that also - except, in reality, you have to have proof, you have to have firm grounds to do this or you will just set yourself up for a massive battle of destruction.
I do not think an investigation has been done yet on the judical people in Florida.
Unfortunately that is not the case, the judge must balance the competing harms of action versus inaction to each side, and he must find a likelihood that the parents will ultimately prevail on the merits. that doesn't mean they do ultimately appeal, just that it appears likely at first blush. You can well imagine that a judge can "play" with these concepts as he chooses. I could word a short order ruling either way in about ten minutes each. But there is no way around the requirement for issuing a TRO, it's in the Federal Rules of Civil Procedure which govern the court's issuance of such an order.
The Constitution has been corrupted by a liberal judiciary. The laws of the nation have been abused beyond a point that I can tolerate. Hundreds of thousands of unborn lives are lost every year and you want to sit your fat butt in your libertarian easy chair and say "RESPECT THE LAWS". There is a higher law that needs to be enforced. And you are not humble, you are an arrogant bastard, believing your idealist principles of government exceed the value of the lives of helpless humans.
I believe the judge has thought..thought about just how long Terri can last, and then thought with her dead he has no further problem.
Case over.
He was. Please find and read his testimony. It'll make you stop thinking he can have a positive effect on this case.
That this guy spent ten hours.....bahaha laughing at my typos. This MD spent ten hours with Terri evaluating her.
You know for all the 24 hr news bloviating you would think they would get some lawyers on to just go through the possible scenarios?
Hannity said nothing about this judge recessing,nor is Savage saying anything now?
Do they know something we have missed? Why are they not pulling their hair out?
BILLS AND JOINT RESOLUTIONS APPROVED BY THE PRESIDENT (House of Representatives - July 16, 1997)
H.R. 1003 . An act to clarify Federal law with respect to restricting the use of Federal funds in support of assisted suicide.
May 14, 1997
In most cases, yes.
Get out of my country you fake phoney fraud! You have zero right to invoke "higher law" to overrule the law of this land or to espouse treason or rule by troops in the street. How about if my higher authority compels me to send a brigade over to your place and put you in the brig for treason? All of a sudden you don't like that absurd approach, I'm guessing. And you have a lot of nerve calling people names while you espouse using the army for a coup de tat.
Guess the Florida death cult agenda has been decided. They will drag out the federal review process to insure she dies.
I wish someone could explain to me how come Felos and this group win in every instance? Just how powerful is the death cult in Florida.
Again - remember the kind of judicial system you would live under should you decide to retire to Florida.
I would not live there if paid to.
Man is being reduced to a slab of meat that is allowed to hang around until the adding machine tape indicates they are to die.
What is you're proposed law? Also, I agree that the parental efforts will almost certainly prove futile in the long run, however long that proves to be.
I want to reiterate that what I'm especially hostile to is this concept of "non-precedent" acts (whether judicial rulings - there have been a few - or legislative actions such as what Congress did this weekend). In my view, they make a mockery of the rule of law and ultimately weaken the stability of our society that depends on that.
If Terri Schiavo and/or her parents have a right to further relief under the constitution (and I have no firm opinion on way or the other on that), then everyone should have the equivalent right. And there is no such thing as a precedent that sets no precedent IMHO.
Citizens should be able to have confidence in the reliability and continuity of the law, and this seeming trend away from that principle disturbs me. This is not a singular instance, but it's the one at hand.
Savage is calling them "deathocrats".
Let's get back to Terri Schiavo rather than seeing how many kooks are going to call for a revolution. Sure, troops in the streets are a great idea, except that George Bush would have you arrested for trying it, and I'm sure you won't want a Clinton using troops the next time they are in power. Congress is controlled by republicans right now, get them to propose a stronger law if you want something done.
and her husband-in-name-only should immediately be suspended as guardian and not allowed to see her until things are throughly investigated - until Terri has her own lawyer, has had an MRI and PET scan and the doctor that spent 10 hours with her and says she can, indeed, be helped - has been appointed her primary physician....
AND the ex rays, and other tests are throughly examined to determine just what the injuries "consistent with strangulation" were
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