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To: tort_feasor

"The federal issue is can a state judge issue an order which will lead to the death of a witness who is subpoenaed by congress."

I have not looked at the ruling -- but as I understand it, all he has ruled is that under Florida law, the husband may make the determination of extraordinary measures in the absence of a medical directive. By doing so, he has directed the hospital follow the husband's instructions.

I don't know if he has gone so far as to quash the subpeona. (I think a Federal Judge would have to quash the subpeona.) But, what he has said, and what he has the right to say -- is that the subpoena does not qualify as a stay, and that Feds are without juridiction to stay the action -- without legislation.

The long and short of it is, they could pull the feeding tube -- but she could still be subject to appearing before Congress, if she lives long enough, under that subpoena.

I never paid much attention to this case -- but I am waiting to see what move is next.


454 posted on 03/18/2005 11:31:04 AM PST by Iron Eagle
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To: Iron Eagle

Was Michael served with a subpoena? don't recall him on the list, so does this mean he can pull the tube?


510 posted on 03/18/2005 11:35:19 AM PST by sarasota
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