Applying the normal standards for an injunction (substantial liklihood of prevailing on the merits) is ludicrous in this case. Without it, the case will be rendered moot, and the person dead. Since the matter is de novo, it strikes me that the judge would have a hard time really knowing how it will turn out, given that the previous evidence cannot be taken cognizance of, and even if declarations can be, that does not afford demeanor evidence and cross examination.
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
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.
Sound legal analysis. There's no there there. We've been subjected to an enormous and a cynical political power ploy by the pirates of Congress duping a willing bunch of extremist on the Right.
The injunction standard is really inapplicable here. Instead the judge should require Terri's feeding tube to be reinserted to preserve the most important piece of evidence in the case, Terri herself. If a defendant deliberately sets out to destroy the most important piece of evidence in any other Federal case the judge has the inherent power immediately to order the defendant to cease and that the evidence be preserved pending the outcome of the case, even if it doesn't look like the plaintiff will prevail.