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To: Spunky
Do you have a link you could post for me so I can read it?

If you haven't read it, how the devil do you justify asserting what it contains?

http://news.findlaw.com/hdocs/docs/schiavo/bill31905.html

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.

101 posted on 03/31/2005 4:03:08 PM PST by Cboldt
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To: Cboldt
"If you haven't read it, how the devil do you justify asserting what it contains?

If you read my posting you would see it was not I who asserted what I wrote. I said I was listening to Rush and learned.

"I was listening to Rush this morning and learned" that one of the things the congress changed in order to get their bill through was to change the wording."

According to my dictionary SHALL is the same as SHOULD, meaning "OUGHT TO"

So now read it as

The United States District Court for the Middle District of Florida shall OUGHT TO have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

B>SEC. 2. PROCEDURE.

Any parent of Theresa Marie Schiavo shall OUGHT TO have standing to bring a suit under this Act.................................... In such a suit, the District Court shall OUGHT TO determine de novo FROM THE BEGINNING 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.

SEC. 3. RELIEF.

After a determination of the merits of a suit brought under this Act, the District Court shall SHOULD issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

The Congress did not say "You Will" or "You Must"

The wording of "Shall" gave them the permission to do so.

Thanks for the link to the whole Congressional Bill.

231 posted on 03/31/2005 5:44:29 PM PST by Spunky ("Everyone has a freedom of choice, but not of consequences.")
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