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...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
Mar 22 05:47:23 2005
...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...