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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

Well, I agree for the most part, but in any "de novo" case which is filed for the first time, the judge has to decide likelihood of success if he is asked for an emergency injunction. The TRO is an extraordinary form of relief. I agree that the prudent thing under these extraordinary circumstances is to reinsert the tube. However, judges do not view matters as we do. IF the judge does not think the parents have a case, then he will feel he is doing greater harm by issuing an order to reinsert the tube.


21 posted on 03/21/2005 2:55:36 PM PST by Williams
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To: Trust but Verify

True, it's a no-win situation - but like the President said, if we are going to make an error, le'ts err on the side of life. If they hem and haw while she slowly wastes away, and then say 'oops' it's a little late to change anything.


22 posted on 03/21/2005 2:55:41 PM PST by GaltMeister (The only time a Democrat should be allowed in the White House is to visit the President.)
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To: muawiyah

Uh, depends: If BC is currently involved with anybody it may take, oh.... about a week. Just long enough....

If HC has her way, maybe she may be unable to be reached for about two weeks. Just long enough, with a few extra days to make sure....

Poop.


23 posted on 03/21/2005 2:55:54 PM PST by freecopper01 (And just who said all the best scripwriters live in Hollywood? There's one living in Florida...)
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To: Torie

Dear Torie,

Forgive me if I seem a bit cynical, but I think that the Republicans passed the law, and the president signed it, pretty much suspecting that in the end, it would be ignored by the judiciary. The law, as best as I can figure, is an affront to these black-robed demons, and thus doesn't stand much of a chance of having effect.

But the Republicans and the president can claim to have done all they can once Terri has been successfully murdered. This is a sop thrown to us social conservatives.


sitetest


24 posted on 03/21/2005 2:56:20 PM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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Comment #25 Removed by Moderator

To: AntiGuv

Jeb Bush needs to act now to save Terri. This is ridiculous. The Congress of the United States of America has been crapped on by this federal judge. It's pretty apparent.


26 posted on 03/21/2005 2:57:45 PM PST by Saundra Duffy (Terri Schiavo is my hero!!!)
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To: GaltMeister

So if this judge comes out at 9PM tonight and says he's reviewed everything and he agrees with the Florida courts you will be satisfied? Or will we start ripping Congress because they wrote a law that allowed this to be a possible outcome?


27 posted on 03/21/2005 2:57:48 PM PST by Trust but Verify (Pull up a chair and watch history being made.)
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To: peyton randolph
If this was a cop killer on death row there would be ACLU lawyers and Hollywood scumbags coming out of the woodwork to help keep him/her alive. I am praying for a miracle this coming Easter Sunday.
28 posted on 03/21/2005 2:57:57 PM PST by wmileo
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To: GaltMeister
A prerequisite for the issuance of an injunction under Federal law is that the movant have a "substantial likelihood of success on the merits" as the case goes forward. That is what the judge is talking about.

I'm sure you want the judge to just follow the law, right? Not be a judicial activist and make a ruling based upon how he feels?

29 posted on 03/21/2005 2:58:21 PM PST by lugsoul (Until at last I threw down my enemy and smote his ruin on the mountainside.)
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To: AntiGuv

He's just hoping she dies before he has to make a ruling. Simple as that.


30 posted on 03/21/2005 2:58:23 PM PST by conservativebabe
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To: AntiGuv; Torie
I am totally against this bill, but this judge's refusal to rule is inexcusable. It seems that he may be waiting until the issue is "moot" and there is nothing for the appellate court to review.
31 posted on 03/21/2005 2:58:25 PM PST by ambrose (....)
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To: peyton randolph

I thought I would borrow that for my new tagline. If you want it back, just let me know.


32 posted on 03/21/2005 2:58:36 PM PST by Krodg (If the Clintons don't kill you, their judicial appointments will.)
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To: don-o

If you feel so strongly, why don't you roll a posse? I realize you might have to leave your keyboard for awhile......


33 posted on 03/21/2005 2:58:36 PM PST by Trust but Verify (Pull up a chair and watch history being made.)
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To: sitetest

bookmark


34 posted on 03/21/2005 2:59:00 PM PST by Pajamajan (And if God will send His angels, and if God will send a sign, will everything be alright? Pray4Terri)
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To: FormerACLUmember
He will sit down for a gourmet meal tonight, with the finest wine and food, while Terri starves to death.

I could never let a helpless, starving person go without water and food for even five minutes, even if I didn't especially like the person. And I'm no saint, just an ordinary person with some sense of right and wrong. The people on the "husband's" side of the issue must really be demonic.

35 posted on 03/21/2005 2:59:31 PM PST by steve86
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To: demlosers

I feel badly for Terri, people who may say they would not like to live in that condition is a normal reaction. When that person has a brain injury,she becomes a whole different person inside and out. Her husband should be deprived of food and water also.


36 posted on 03/21/2005 2:59:55 PM PST by karenmean
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To: nyg4168

FYI, murder is defined as the taking of one human life by another, without justification or excuse.
The article states "Armed with a new law passed by Congress (her) lawyer pleaded with the judge . . "
I know President Bush has made his feelings clear on this issue.

?

I'm going to see if I can get some news. Too much heat, too little light here now.


37 posted on 03/21/2005 3:00:31 PM PST by OkieDoke
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To: woofie
Yeah, sleep on it... And have a nice dinner and maybe a drink first. No rush since the judge is already shown bias against her parents'.

Don't worry folks, we're in good hands here. This guy really understands the urgency of someone who is being treated worse than Abu Ghrab (SP?) detainees getting her day in court. Where are all the people who protest humane lethal injections for murders who had several courts and several judges look at their cases? Why does a disabled person NOT have any rights?
38 posted on 03/21/2005 3:00:49 PM PST by spiralsue (Medieval treatment of Terri Schiavo continues, right NOW!)
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To: sitetest
Maybe, but I don't think Congress anticipated that the judge would deny an injunction and moot the case from the getgo, which he must hear. I think that is a good appeal to the 11th circuit. If the judge doesn't rule tomorrow, watch for Terri's lawyer to appeal to the 11th circuit regarding it engaging in delay that bears grave risk of mooting the case.
39 posted on 03/21/2005 3:00:51 PM PST by Torie
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To: Trust but Verify
I am not a duly elected authority who has sworn an oath. Both of the Bushes are and have.
40 posted on 03/21/2005 3:00:52 PM PST by don-o (Stop Freeploading. Do the right thing and become a Monthly Donor.)
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