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To: Torie
I've seen judges grant or deny many TRO's in an hour or two, under much less emergent circumstances. I don't care which way he rules, I think the judge taking his time under these circumstances is emerging as a huge issue. The fair thing to do was to have the lawyers stay at the courthouse this morning and get it done asap, knowing that either side will need to appeal his decision on an emergency basis.

IMHO the judge doesn't want to reinsert the tube because that requires him to find a likelihood of success, and he doesn't want to acknowledge that initially and then "reverse" himself a week from now. that would give teh Schiavos a big victory now and more of a sense of justification on appeal. But I hope I'm wrong and he reinserts the tube until a fuller hearing can be held.

111 posted on 03/21/2005 3:24:47 PM PST by Williams
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To: Williams
MHO the judge doesn't want to reinsert the tube because that requires him to find a likelihood of success

My point is that I am quite sure that that is NOT the standard where denial moots the case and a life is involved. I would bet the farm on it. It is more in the nature of a balancing test.

116 posted on 03/21/2005 3:27:25 PM PST by Torie
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