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.
Actually half of the Dems voted for this also.
Oh my God on the news on the radio they just said that the judge said:"the last tome she survived for 6 days without food and water so I have some time?????"
Is he a sadist?
That is a deliberate stalling tactic! Very selective government-sanctioned murder it is! They wouldn't starve Charles Manson or any other criminal though.
Agreed, within about 24 hours. And while they are at it they need to swing by a few abortion clinics and other nursing homes in the area.
It's over.
When you see no urgency from the judge, when the judge does not instruct the feeding tube to be reinserted, when the judge stretches the court case out. It's not much a leap in logic to infer where his judgment may lie.
I just heard this on the news up here.
UNBELIEVABLE.
He's going to rule against her because if he weren't (or if he still didn't have his mind made up) he would have at least called for some IV hydration, as I think Freeper Clara Lou (?) suggested.
Sorry, Clara Lou, if I have the wrong person.
Hey, NOSOUL er LUGSOUL, at the very least, preserve Terri's life while the case winds its way through the federal judicial process!
Refusal to grant the injunction in these circumstances is reversible error. The refusal denies Terri a hearing on the merits. The substantial liklihood rule does not obtain here. It is ludicrous.
"He will sit down for a gourmet meal tonight, with the finest wine and food, while Terri starves to death."
Yep. It's totally despicable.
:"the last tome she survived for 6 days without food and water so I have some time?????"
Nothing good will come out of this Judge's ruling...that line said it all!! I LOATHE EVERY STINKING RAT!!
I am talking about refusal to issue a ruling. There is no appellate review until he issues his ruling.
When Sander Sauls issued his ruling, he did it from the bench, rather than in writing, so Gore would have time to appeal. Judges usually do that sort of thing, even when they're r uling against you... but not always.
And by what authority would they be acting? The specially passed law asks for federal judicial review. It doesn't state that any unfavorable ruling will be set aside.
If Terri dies because of the foot dragging, Bush will win in the long run by clearly justifying the nuclear option that is sure to come out of this. Bush will get his judges. These liberal judicial tyrants have gone too far.
I know in my head that my Lord is on the Throne no matter what may befall Terri.
Yet my heart rails against the injustice.
God often confounds evil with simple things.
Oh, that it may be His will that Terri would be the tool of His strength in this evil day of corruption.
Yes, evidently you are correct. I wonder where that guy on Hannity got that info that the judge was a female. I wasn't the only one who heard it.
Yes, evidently you are correct. I wonder where that guy on Hannity got that info that the judge was a female. I wasn't the only one who heard it.
A temporary ruling reinstating the feeding tube is injunctive relief. In order to make such a ruling, the judge is required to satisfy the standards of Federal law for such relief. Or do you want him just to make it up as he goes, because of the exegencies? Careful what you wish for...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.