TERRI SCHIAVO DAILY MARCH 2005 PART 4, DAY 5 OF HER DEHYDRATION -- PLEASE HANG ON WITH US

Various | 3-23-05

[STARWISE]

Tonight it is, March 22, 2005, over five days since Theresa Marie Schiavo commenced her ordeal of purposeful and legally sanctioned dehydration and starvation. We await a decision from the three judge panel from Eleventh Judicial Circuit as to her fate, as her family struggles with seeing Terri's physical health deteriorate.

[gentlestrength]

Why can't LAURA fly down? They wouldn't arrest her. SHE could rescue Terri.

Where are the feminists?? Actually, they caused me so much indirect problems by lying brainwashing, I don't want to hear from them again, but Terri needs someone.

[NautiNurse]

There's a light rain this morning.

No rest for the weary. There are some wicked storms heading into the Tampa Bay area right now. How appropriate.

Thank you for all of your efforts in this terrible situation. Your efforts are greatly appreciated.

[Wampus SC]

"What's a Wampus cat?"

Hey, sure, why not. Felis Wampus Carolinesis, aka Pantera Wampus, aka Felis Horribilis.An elusive, nocturnal cat of the swamps, solid black, about the size of a labrador retriever. With a tail as long as, or longer than its body; and a weird, bloodcurdling call that sounds like a cross between a police whistle and a scream. The long tail is a counterbalance that lets it walk or run on two legs for long distances. Faster than you can. It can jump 10 feet up, or 20 feet forward. Or more. There are still a few around in the swamps. But you never know where one might turn up, especially after a hurricane. In fact, there were sightings inside the Florence city limits year before last.

That's my story and I'm sticking to it!

[valleygal]

We'll never know becasue no one will attempt to rescue her. You need hundreds of people and by the time we got there they'd have the SWAT team out there.

[Salamander]

"Confirms my first impression."

What was that?

That I'm stark-staring mad?
If so, you've got a good eye on ya....;)

Keep repeating to yourself;

"If I stop laughing I might start screaming."

It works.
Honest.

[Wampus SC]

"Ya know what they say about "curiosity about cats"...or somethin' like that....;)) "

Too late now.... :)

[valleygal]

LOL, thanks. That's not near as scary as the "goat man" stories I heard about in the woods in MD.

Time for me to head to bed.

I will keep praying.

Good night.

[LegalEagle61]

In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.

The statute says the court SHALL (not may)determine de novo (brand new) any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding (in spite of) any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.

There is no way they did a de novo review....I am wondering if they will try to use that fact, that the statute was not followed as intended....

[SvdByFaith]

Are you pulling our legs? I'm so over-tired that I can't even reason anymore.

[Deo volente]

HUGH HEWITT comments of the Whittemore ruling;


In the Spirit of Pontius Pilate: Congress and the President be Damned, Terri gets no food or water.

Judge Wittemore's ruling is shocking.  The crucial discussion in his opinion begins:

"This court has carefully considered the Act and is mindful of Congress' intent that Plaintiffs have an opportunity to litigate any deprivation of Theresa Schiavo's federal rights. The Court is likewise mindful of Congress' directive that a de novo determination be made 'notwithstanding any prior State court determination.'"

Then, without a single witness having been called, and relying on a few hours review of a handful of affidavits, the judge announces that Terri's parents don't have a substantial likelihood of success at trial, and refuses to order any relief that will allow that trial to occur.  "This court appreciates the gravity of the consequences of denying injunctive relief,"  he writes, as though this expression of seriousness on his part will somehow oblige us to ignore his contempt of Congressional intent.

It was clearly the intention of Congress that Terri receive nutrition and hydration throughout the course of a "de novo" trial on the merits of her claim.  Her parents could well lose that trial and subsequent appeals, but the Florida legislature might also act in the interim.   The judge rushes through his part in this drama and punts to the 11th Circuit, which would have been fine by me if he had resumed nutrition and hydration.

But he didn't.  Citing case law having to do with other settings in which injunctive relief has been sought and denied is another sideshow.  Tom Delay, in the Sunday press conference where this was announced, stressed that the legislation had been crafted to get Terri back on hydration and nutrition pending a de novo review of the facts in federal court.  Judge Wittemore is wrong to rely on other precedents when the Congress gives such an explicit charge.

At a minimum, Judge Wittemore ought to have ordered resumption of hydration until the 11th Circuit and, if necessary, Supreme Court appeals are heard. Convicted felons don't get executed until all the appeals are heard. Their executions are stayed even when they haven't got a prayer of a chance of success. Not so in this setting.  And that is what is so shocking.

Several voices have been raised against the action of the president and the Congress, and bogus opinion polls circulated. Fine.  Anyone who wants to run for office on the basis of that position is welcome to do so.

But it is a wholly different matter when a court simply ignores the obvious intent of an overwhelming majority of the Congress and the agreement of the president.  Once again we have on display a judiciary that has grown contemptuous of the directly elected branches.  When the Senate returns, the clash over judges will commence again, and proponents of nominees who understand that it is the role of judges to apply the law as intended by Congress will have another powerful example of why such nominees are so needed on the bench.

I hope the panel of the 11th Circuit Court of Appeals does not conduct itself with such contempt of the coordinate branches, and quickly issues the obvious order resuming food and water until the hearings that Congress intended be held are in fact held.

 
http://www.hughhewitt.com/#postid1473

[Wampus SC]

I thought she wanted to stay awake...

[Salamander]

Hey now....you just best be leavin' our Goat Man outta this here discussion!

[or we'll sic the Snallygaster on ya!]

[windchime]

Someone was speculating yesterday about something similar to 'shaken baby syndrome' (L-1?). On Greta's show a girlfriend mentioned bruises on upper arms and on legs. The poster thought perhaps she could have been grasped on each upper arm and shaken.

[Salamander]

Geeze...I sure had to use a strong bait though, didn't I?....:)

[gentlestrength]

Does my kitty fit the bill? Solid black, and when he stretches, he's now FORTY-EIGHT INCHES LONG! My own panther! But he's gotten into a bad habit, when I go to bed around 4, he goes out. He used to snuggle with me. Oh well. :-(

[SvdByFaith]

That IS scary!

[pollywog]

I just got up to check the status and I am heart sick!! Governor BUSH and President Bush MUST NOW ACT, Period!!!!!!

[Salamander]

If she did, I'd have posted this;

[LegalEagle61]

So I am right, they blatantly ignored the legislative intent of the bill and likely did so because in effect, they are angry that they are being told what to do by the commander in chief and the legislaters that actually make the laws.........and they are in rebellion. What really should happen is a trial w/ a jury for Terri, and the tube should be put back while the trial goes on....this is the biggest BS ever. They are disobeying the law.

[floriduh voter]

It's the scariest thing I have ever seen. When I left last night and noticed the cruiser parked in their sideyard with the dog and cop crouched next to the cruiser, I barked a little bit just to mock them. I guess I didn't bark loud enough. They didn't flinch.