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To: lnbchip

Your last paragraph is simply false and indicative of the willingness to believe falsehoods based upon nothing. The court did EXACTLY what Congress asked. AND it is one of the most conservative Districts in the nation.


419 posted on 03/30/2005 2:43:38 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: justshutupandtakeit

Let's review:

"AN ACT

For the relief of the parents of Theresa Marie Schiavo.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 2. PROCEDURE.

Any parent of Theresa Marie Schiavo shall have standing to bring a suit under this Act. The suit may be brought against any other person who was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo, or who may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. 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 federal courts were instructed according to this legislation "to determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act". According to this language, the court was required to review the case "de novo" which means "over again or anew". Common sense would tell a person that simply based upon the sheer volume of documentation and evidence related to this case, a court could not review this case from the beginning in as short a time as the federal judges up the ladder did in this case. The Congress assumed that this law would require the feeding tube to be reinserted simply to allow the court the time to rule on the case. The federal courts ignored this order by Congress. To say otherwise is ridiculous.


509 posted on 03/30/2005 3:29:23 PM PST by lnbchip
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