Posted on 03/22/2005 3:26:06 AM PST by tsmith130
Just heard on Fox....so sad.
Oh, you can bet the bouncing smileys are out in force at DU.
Clinton put us on the road to that when he signed Executive Order 13107.
We've been revising our standards to match international law ever since.
Most folks haven't even noticed.
Straining at gnats, but swallowing a camel.
Wow , I guess I better get my Living Will written mighty fast....Just the other day after eating a delicious meal with my family I said, "Ugh, I ate too much. I never want to eat again."
My goodness ... this woman said it while watching a movie...not necessarily the best circumstamce for a legal request.
Perhaps, we all should write down all our loved ones' comments while we watch movies together and use them against them when it benefits us.
Hey yall,,,NEWS...THE 11TH CIRCUIT IS COMING OUT WITH A RULING AT 9
On fox,,am I misunderstanding?
You know, fools who don't even know what federalism is and then proceed to say we've trashed it really annoy me.
Article III of the U.S. Constitution gives congress the power to assign jurisdiction. What Congress did regarding Schiavo is federalism at work. You, apparently, want to go back to the days of the Articles of Confederation, where individual states were sovereign as opposed to being under a FEDERAL authority.
Then why not take 24 hours off?
MORE Closed Caption from FoxNews...joined in progress....
...catherine is get getting more details from washingtoN. Let's bring in george rothstein, the washington university professor. Some of our viewers are writing in and saying if this goes to the 11th circuit court and that court rules to reinsert the tube, clearly michael schiavo would appeal that rulinG. Where does it go from there? >> Well, that ruling would take effect wile michael schiavo was appealing. In other words, it would be an emergency order to keep ms. Schiavo alive and that would go into effect while mr. Schiavo was appealing. It would go for a rehearing first in the court of appeals, that's the 11th circuit court of appeals, a rehearing beef the entire courtS. See the first hearing in the court of appeals is before a small panel, three judges, and then there could be a request for an appeal to the entire 11th 11th circuit, which is a much bigger group of judges, and then if that's rebuffed, then up to the united states supreme court, and it would be up to the united states supreme court as to whether or not to take it. So there are dsh -- kiran: Which they refused in 2001 to hear the case. >> Right. Although now it stands if a totally different posture because of the congressional action opening the federal courthouse doors. I would say it's very important for your viewers to realize that when congress passed this law about terri schiavo, they -- all they did was open the doors of the federal court. They didn't tell the federal courts what to decide. They didn't tell them even how to decide it or what the test would be. They didn't command a certain result that the feeding tube should be reconnected. So after all of this is over and done, all of the federal courts might stand by the state courts, and just reach the same decision. Brian: Senator mel martinez says we're done with any congressional legislation. We're done. Is that correct, do you see senator frist or anybody else with another trick up their sleeve? >> Yes, there could be now -- that is why i raised it, there could be now federal legislation from the congress attempting to tell the federal courts what to do with this case, to basically reconnect the tubes, telling the federal courts that there's been some vile lags of -- violation of rights, terri schiavo's rights or at least setting up some kind of test for the federal court to apply. All of which they did not dO. Now, if they did legitlate in this way, there would be big questions about whether congress could do that, but I'm not saying it wouldn't be sustained necessarily. This is all unchartered seas, this is extremely unprecedented, very exciting for somebody in my position who studies the law. Kiran: It's also tragic as we see this debate played out over and over again. >> Tragic. Absolutely tragic. Kiran: I know that at one point on the order of florida governor jeb bush, the feeding tube was reinserted after it was removed. Was there ever been a court in the history of this ongoing case over the past 15 years that a court order reinsertion of the tube, meaning has a court rules against michael schiavo? >> The courts uniformly are against michael schiavo's position so far. Kiran: Against michael schiavo's position? >> I'm sorry, against the schindler's position. Brian: Stay right there. Catherine has new information. A question to ask you. Catherine, what do you have? >> Maybe paul could help us out. We're getting sol information that there should be an order at 9:00 a.M. Eastern time from the U.S. District court in tampa, and we've also at the same time had some information from the clerk in the 11th circuit telling us that based on their understanding, they don't think judge whitmore is going to consider the schiavo case further. I'm wondering if paul can sort of help us expand thaT. Does it sound to him like the florida court has said we're not reinserting the tube, we're not going to consider the merits of the cares and it's now being pumped up to the 11th circuit? >> Well, it seems to me that what may have happened here, and I'd have to see it, is that the district court, judge whitmore is putting it on hold to see what the 11th circuit doeS. It may be that, if i could see the ruling, that judge whitmore not only ruled on the emergency, the temporary order about reconnect egg the tube temporarily, but he may have ruled on the whole ball of wax in his rulinG. I just haven't seen the ruling. I've been here and we don't have it physicallY. Brian: So one thing is clear is that they realize the emergency situation, everyone is acting quickly, and you're saying in atlanta, should they decide to hear the case, they'll act quick
Hopefully, the 11th Circuit is out from under the influence of the Scientology cult in Clearwater. Damn this judge.
In this case or the pending case in the 11th circuit?
"THE 11TH CIRCUIT IS COMING OUT WITH A RULING AT 9"
Praying they will hear the case and not reject it outright.
I think a lot of us join you in feeling sick over this. In fact, if Terri dies, I do not think this will be forgotten, because the "death-cult, abortion culture" set this into motion and people have warned for decades that abortion would evolve into this at some point. Listen to me, all of you who have children getting ready to get married, or children who are already married. You might want to consider this for yourself, as well..Be sure, in those Living Wills, that all of you specify the person or persons who are to be appointed as your legal guardian, should you become disabled. It is a chilling thought to me when I think of the ex-husbands/wives I know making such a decision for the person they used to be married to.
Some of us worship God. Others worship judges. But one day we will all appear before the judgement seat of God to answer for how we treated others. He is the real Supreme Court.
I hope you never have to suffer the fate of having due process without justice.
"Constitutional Rights"
Two other words: Supremacy Clause
And two additional words: Fourteenth Amendment
oops, almost forgot... two other words; Equal Protection
Agreed that the Constitution and courts are in as bad shape as ever, and now we have a Republican congress that's even worse. This whole affair has not been a victory, except that Mrs. Schiavo might finally get some peace.
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