[PhiKapMom]

Unfortunately the pleading they were given to make a determination, I would have had to rule with them. Will more people realize that the pleadings to Federal Court were wrong or am I talking to the wind for the most part. The Feds ruled on what was before them -- end of story!

[Rutles4Ever]

In hindsight, you may be very well right. Jeb can earn his wings if he bows before God instead of Caesar in this defining moment.

[MineralMan]

"Unfortunately the pleading they were given to make a determination, I would have had to rule with them. Will more people realize that the pleadings to Federal Court were wrong or am I talking to the wind for the most part. The Feds ruled on what was before them -- end of story!"

You may well be right, but those were the pleadings. That's what the attorneys sent to the courts. Were they bad pleadings? I don't know, because I have not read them and because I am not an attorney.

[neutrality]

I agree, but I'm sure most here won't

[glory2]

I just heard Judge Bork on Fox News being interviewed about the USSC turning down Terri's case. He said that this is happening in thousands of hospitals daily where babies are born with Downs Syndrome and failed abortions where the babies are born alive. He stated they are left in the hospital with no food or water until they die. My God where are we in this country?

[Defiant]

Are you saying that Wilson's dissent was poorly reasoned and that Whittemore could not have ruled the same thing? Did the parents not provide the text of the statute to the District court and the appellate courts? If so, if the courts read it, they would see that it was their duty to review the facts de novo, and to do that, it was necessary to keep the subject alive long enough for that review to occur.

The only other option available to any jurist who read the law would be to declare it unconstitutional. Even had they done that, it would have been prudent to grant a stay, as the issue of constitutionality is a matter of law that would be subject to review de novo by the appellate courts.

[Dave S]

Will more people realize that the pleadings to Federal Court were wrong or am I talking to the wind for the most part. The Feds ruled on what was before them -- end of story!

Agreed and if the courts had ever allowed the stay giving Terri's people the right to reinsert the feeding tube, the law itself would have been struck down as unconstitutional as it applies to only one person. Every legal scholar agreed that the law was no good and the only way it would have worked is if the courts just winked at it.