Judge Won't Issue Decision on Schiavo Yet

Associated Press ^ | March 21, 2005 | Vickie Chachere

[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.

[msuMD]

Who is this "expert" on Hannity?

[muawiyah]

Hmmmm, are you suggesting that federal standards ignore the fact that someone may very well die in the meantime?

[housewife101]

Yep, you are right, but it is difficult for me to follow that logic.

[Earthdweller]

Didn't catch his name..maybe we can get the transcript.

[steve86]

Like I give a SH*T if it's constitutional. There are lives to be saved. And screw your "lawful" activity, lame brain.

[sitetest]

Dear Torie,

I think that seeing what the judicial cretins did with the Congressional subpoena, they had an inkling that this might not go the way that it was "planned." I'm not saying that the Republicans are trying to kill Terri through ineffective laws, just that the primary goal was to look like they did something, regardless of whether it actually saved Terri from being murdered by the whore greer and the alleged husband.

I do think, though, some fair number of those who voted for this law were probably hoping that it would be unsuccessful, so that ultimately, they can play both sides of the issue, "I voted to give Terri a fair chance, but nonetheless, it was adjudicated fairly."

I suspect that should this effort fail, the Republicans will take a hit.


sitetest

[maine-iac7]

It's becoming more and more clear that either the President of the Governor are going to need to roll troops, if they are serious about saving Terri. Radical? Yes. Unprecedented? No.

Hnmmm- well, Reno/Clinton rolled the troops on Elian - all the wrong reasons - but they did it...They also rolled the troops and burned 30 children to death in Waco - again, horrifically wrong - but they got away with it....

just think of the stink they'd put up if we rolled th troops to SAVE a life!

[freecopper01]

Hello, Torie,

You sound tense.

I believe the judge cannot afford to use ethics as his plumbline for it will cause him to allow the case to be reopened.

I also believe the judge cannot afford to use logic either, for the same reason.

He's probably one very, very angry judge right now because he feels he's going to get blamed now for her death.

And you know what?

He will.

Ironic justice.

At the worst time.

Sigh.

[sitetest]

"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."

Maybe. Maybe not.

[AntiGuv]

That's fine, and I understand that. I still think this action should be overturned by the courts, and the appeals process would provide plenty of time to substitute an enduring, general policy in its place (and then have that go through the review process).

Regardless, I find this entire situation unseemly to the extreme from a procedural standpoint (i.e., from a legal perspective). If they were contemplating action, they should've been prepared for the obvious. But what's done is done. Now it's time to decide what, if anything, should be done as a permanent fixture.

[maine-iac7]

The judge is a boy, not a girl.

the judge is a spineless wienie, at best -

[muawiyah]

Good work digging that sucker up. Time to change the law.

Oh, yes, and time to pull the plug on a substantial chunk of the federal judiciary.

[bert]

....If the Clintons don't kill you, their judicial appointments will.....


I would encourage all here to think on that statement, because it is the essence of events transpiring in the Congress over the weekend.

The courts have ruled and reruled and there is little to any chance that a federal judge is going to overturn umpteen judges ahead of him. The case has been decided.

A federal judge must make a judgment and he is going to sustain the lower courts. On appeal, the SCOTUS will again not hear the case.

The congress made an effort, they tried, so did the President. There must now be a hue and cry to assure bad ol boy judges are replaced with good Conservative judges.

The recent events had nothing to do with Terry, they were all about getting judges past a filibuster through the Senate.

[lugsoul]

The poster I was responding to suggested that the judge should not consider the likelihood of the Schindler's prevailing on the merits. And, if the movant does not carry its burden of showing a substantial likelihood of prevailing on the merits, then the fact that someone may die in the meantime does not create a basis for a Federal Court to issue injunctive relief.

I'm not looking to argue with you about it. Go read the law yourself if you want. My question goes to those who want the judge to ignore the law.

[ClancyJ]

Do you really think the President, the Governor and the Congress would go to all of this trouble as a "sop"?

Get real. We have real men in our government and they are working in the system. They cannot determine the outcome but can only get it to another federal court.

Is nothing good enough for you where the president and governor is concerned? Do you want him impeached for abuse of power?

[reformjoy]

If the Clintons don't kill you, their judicial appointments will.

Never Forget Terri

StopHillary 2008

[MOgirl]

Hello,

Yes, that is my feeling as well. I am afraid that they are betting that when Terri dies, this media attention will go away and America will again focus on really important things, like MJ, baseball drugs, what Scott Peterson is having for lunch....

This is horrible, and I beg all of you to think hard about what your reaction will be to her death. What will you do? Will you demand changes to our system, that will stop this from happening again? Big questions for us, folks, how will we answer? I believe that life on Earth is a test, will we pass?

Glad to be here, saddened beyond words, MOgirl

[Williams]

No, I don't have to tolerate soemone like you who doesn't care what's lawful and wants "troops" used by the Executive to work your will by force. That is why we have a Constitution and the rule of law, including a law against using troops domestically, and only a lamebrain doesn't understand that. i agree with you on each issue, but your plan of action is childish and dangerous, nor will any president even consider it. If they do, tehy should be rightdfully impeached and/or arrested for treason, but taht is just IMHO.

[Earthdweller]

Got this from the web site...

"Sean speaks with Dr. William Hammesfahr who says there are several medical therapies available to help Terri Schiavo..."

The guy actually spent a total of ten hours with Terri. Why was he not question in court before now?

[Torie]

Well right now I bet the judge has asked for more case law about the rule of injunctions where there is at once no substantial liklihood of prevailing on the merits but also ensuing mootness, and whether his denial of the injunction would be reversible error. He wants to keep the tube out, but does not want to be bitched slapped 12 hours later by the 11th circuit based on something that would embarrass him for not catching. That is my speculation. I think it is good speculation myself. I like it. :)

Oh yes, I am tense. That is correct.