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Judge Won't Issue Decision on Schiavo Yet
Associated Press ^ | March 21, 2005 | Vickie Chachere

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.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: Florida
KEYWORDS: anarchy; congressvsjudiciary; cultureofdeath; disabled; evil; helpterriorg; judgewhittemore; judicialtyranny; killingterri; killingthedisabled; lawlessness; meninblack; outrageous; righttodie; righttolife; schiavo; terri; terrischiavo; terrisfightorg; terrisnotcomatose; terrisnotvegetable
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To: QQQQQ
It has already been OVER three days for Terri without food and water.

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.

121 posted on 03/21/2005 3:29:42 PM PST by Centurion2000 (Nations do not survive by setting examples for others. Nations survive by making examples of others)
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To: msuMD

He's contradicting many other experts in the field.



EXACTLY!!!!


122 posted on 03/21/2005 3:29:48 PM PST by Earthdweller (US descendant of French Protestants)
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To: sitetest

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.


123 posted on 03/21/2005 3:30:30 PM PST by ClancyJ (Sometimes we're a think tank, and sometimes we're just a tank ! - SlowBoat 407)
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To: Torie

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.


124 posted on 03/21/2005 3:31:57 PM PST by Williams
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To: Williams
No, I don't have to tolerate soemone like you who doesn't care what's lawful

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.

125 posted on 03/21/2005 3:32:35 PM PST by steve86
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To: Williams

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.


126 posted on 03/21/2005 3:33:52 PM PST by freecopper01 ("There is One who will judge all.")
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To: msuMD
Do you think a total of 45 minutes is enough time for an "expert" to make a conclusive decision on someones life?
That this guy spent ten hours.
127 posted on 03/21/2005 3:34:16 PM PST by Earthdweller (US descendant of French Protestants)
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To: Earthdweller

He was. Please find and read his testimony. It'll make you stop thinking he can have a positive effect on this case.


128 posted on 03/21/2005 3:35:50 PM PST by lugsoul (Until at last I threw down my enemy and smote his ruin on the mountainside.)
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To: Earthdweller

That this guy spent ten hours.....bahaha laughing at my typos. This MD spent ten hours with Terri evaluating her.


129 posted on 03/21/2005 3:36:27 PM PST by Earthdweller (US descendant of French Protestants)
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To: muawiyah

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?


130 posted on 03/21/2005 3:37:16 PM PST by northernlightsII
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To: BearWash
I'm with you, pal. The supposedly neutral system of justice in this country has been perverted by years of liberal appointment of activist judges to the point where a leftist social agenda is being foisted on the American public by judicial fiat.

It either gets fixed by the "nuclear" option....or by some other revolutionary option. A million babies a year are dying of liberal social "justice".
131 posted on 03/21/2005 3:37:49 PM PST by Bushforlife (I've noticed that everybody that is for abortion has already been born. ~Ronald Reagan)
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To: muawiyah
For anyone interested...

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

132 posted on 03/21/2005 3:37:53 PM PST by michigander (The Constitution only guarantees the right to pursue happiness. You have to catch it yourself.)
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To: Earthdweller

In most cases, yes.


133 posted on 03/21/2005 3:37:53 PM PST by msuMD
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To: BearWash

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.


134 posted on 03/21/2005 3:37:58 PM PST by Williams
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To: AntiGuv

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.


135 posted on 03/21/2005 3:39:07 PM PST by ClancyJ (Sometimes we're a think tank, and sometimes we're just a tank ! - SlowBoat 407)
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To: Torie

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.


136 posted on 03/21/2005 3:39:08 PM PST by AntiGuv (™)
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To: muawiyah

Savage is calling them "deathocrats".


137 posted on 03/21/2005 3:39:51 PM PST by northernlightsII
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To: Bushforlife

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.


138 posted on 03/21/2005 3:41:34 PM PST by Williams
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Comment #139 Removed by Moderator

To: sonofagun
In my view, she should be safely tucked away in federal custody pending the outcome of the hand of justice

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

140 posted on 03/21/2005 3:42:13 PM PST by maine-iac7 (."...but you can't fool all of the people all of the time" LINCOLN)
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