Posted on 03/23/2005 8:07:00 PM PST by sonsofliberty2000
TAMPA, Fla. (AP) A lawyer for Terri Schiavo's parents says an appeal to try to keep the brain-damaged woman alive has been filed with the U.S. Supreme Court.
Actually, the Supreme Court WILL entertain arguments that were not advanced below - as long as the actual causes of action that are buttressed by those arguments, are not new. So, if you brought a First Amendment cause of action, and supported it below with the argument that government unconstitutionally prohibited you from saying something, you could add, at the Supreme Court, an argument that government also FORCED you to say something - which is also a First Amendment violation. "Once a federal claim is properly presented, a party can make any argument in support of that claim; parties are not limited to the precise arguments they made below." Yee v. Escondido, 503 U.S. 519, 534 (1992); see also Dewey v. Des Moines, 173 U.S. 193(1899).
Problem with that principle in the Schindler case, is that the Supreme Court, I believe, is reviewing the lower court ruling (denial of prelim injunction) for abuse of discretion, so such a review might have to confine itself to the arguments that were presented to the court below - in order to judge whether its rejection of them constituted abuse of discretion. On the other hand, given the gravity of the life-and-death issue, the court might employ a more exacting analysis, asking if additional arguments for, say, a Due Process violation COULD have been propounded by the court itself but weren't (as a court might have been expected to do if the plaintiff is a non-lawyer representing himself).
G-d bless you all - I have to go to bed and get my beauty sleep (otherwise someone might starve me to death, y'know - can't have any people with bags under their eyes around polluting our aesthetic environment. . .)my mother and I are going to meet Newt Gingrich at a David Horowitz thing tomorrow. I told my friend who's coordinating it to tell the Newtster to GET READY FOR HEAVY QUESTIONING about what he and other activists are planning to do about this. Anybody have any questions they want me to pass on, please let me know.
we have free choice.....God does not lead us into paths of evil .....
Terri's situation is made of man, not God.....
with your attitude, Hitler would still be around and the DC murderers would still be shooting at people....
EVIL must be stopped, here on Earth....
pray for strength, but get out there and fight as well......
God would not be proud IMO of people sitting by and letting the Terri Schiavo's of the world die in such a manner.....
Cherry,
The reason I say the old folks is something my husband point out. It wasn't Social Security.
It's about thier assets.
Families have been splitting up like crazy from the 60's on with no real attachements in the 2nd or 3rd marriages between the children and the step's, so to speak.
Once dad or mom are gone and only the step (example, of course) is left, all that has to be done to get their property is for when stepmom or stepdat goes into a nursing (or the like) the kids say is that he/she said he/she would rather long linger on.
Homes get money, kids get assets.
Scarey.
And it'll be done real quietly.
I thought he was crazy. Until I thought about the people I know and realized a lot of them didn't/don't bond with the steps.
Now, this is a given scneario if states quietly change the laws to match Florida's Heresay thingy....
Only Governor Bush can save Terri at this time.
CONTACT JEB BUSH HERE:
E-mail: jeb.bush@myflorida.com
Telephone: 850/488-4441
Fax: 850/487-0801
Are you open to the possibility that you are over-simplifying the effort he would have to make, and can you recognize that he can't just do anything he would prefer to do, or anything that people can imagine him being able to do?
Correction:
It should say "rather NOT linger on."
Tired.
Great, I hope you're right. I'll take anything for short term relief, then after Terri is saved (please G-d), we can get it on with honest debate and action about this crazy system!!
I would never argue against Terri's express wishes to be denied nourishment, were that the case. But this whole thing stinks to the heavens. This is wrong. Horribly wrong. And I suspect that our nation will be irreparably harmed if this miscarriage is permitted to occur.
Sadly,it would seem to be a growing consensus.
I can't believe they are not getting expert representation for SCOTUS though.
His job? Maybe. How many others can you cite that would take the risks he has? It isn't often in public or private life one demonstrates that courage.
The Truth is that there are very few that will take political risk, especially at great odds with public opinion. Jeb has done this repeatedly. I choose not to place blame for evil at his door as a sign of my "gratitude".
That was you? I thought you were brilliant -- wish you were on their legal team. All it seems they want are face time on TV right now -- when do they have time to do research, etc. Actually you should be in charge and fire them.
unhinged...yes....but not I am not being starved to death....
Agreed.
Thanks for the too generous words, but I am sincerely flattered by them, and appreciate it.
Oh. that would be excellent if you're right. I didn't read it. Of course every minute is precious, but I think a lot of us would feel wonderful if Jeb did something.
Hey! What am I? I said it first...
Congress and the Presidency is now the bitch of the Judicial Branch.
Ineffectual and worthless...what the hell did we vote them in office for. They can't save a single person from being murdered in front of the entire world?!
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