Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: thoughtomator
I mean this more gently than it sounds. Because you don't have a law degree you think you could win the case, but because you don't have a law degree you would have zero chance. The liberal judges here are playing out a savvy legal strategy and no common sense approach is going to get in their way.

What they have done (and I base this on reading their decisions) is say "we know we were told to do a de novo review regardless of any state court proceedings, but all we can do is review the state court proceedings." Therefore, Terri never gets her review of the facts.

These judges are also making it look as though the parents' lawyer relied only on the state court proceedings, and as though Congress didn't assume there would be an injunction. Neither is correct, but that is the judges' way of crafting an opinion with the result they want.

19 posted on 03/23/2005 4:59:46 AM PST by Williams
[ Post Reply | Private Reply | To 5 | View Replies ]


To: Williams

Exactly...except for the dissenting Judge. Perhaps the others in the appeal process will take up his dissenting view. At least that view is now out there on paper officially.


22 posted on 03/23/2005 5:03:20 AM PST by Jeff Head (www.dragonsfuryseries.com)
[ Post Reply | Private Reply | To 19 | View Replies ]

To: Williams

Ummm... Which ones are the "liberal" judges? Carnes? Hull? You're kidding, right?


27 posted on 03/23/2005 5:07:26 AM PST by lugsoul (Until at last I threw down my enemy and smote his ruin on the mountainside.)
[ Post Reply | Private Reply | To 19 | View Replies ]

To: Williams; Jeff Head

Yeah I understand that by the time Congress acted this was already almost unwinnable, especially since Congress screwed up royally (purposely?) in not requiring a stay. But all these years, being unable to change venue, unable to get contradictory medical testimony in the record, unable to get any action on the many conflicts of interest, it's almost like they weren't paying attention.


29 posted on 03/23/2005 5:08:26 AM PST by thoughtomator (Murder by Judges, 1 - 2 - 3, it's as easy to learn as your ABCBSCNNMSNBCs)
[ Post Reply | Private Reply | To 19 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson