Posted on 03/21/2005 2:45:19 PM PST by AntiGuv
PINELLAS PARK, Fla. (AP) -- Armed with a new law rushed through Congress over the weekend, the attorney for Terri Schiavo's parents pleaded with a judge Monday to order the brain-damaged woman's feeding tube reinserted.
U.S. District Judge James Whittemore did not immediately make a ruling after the two-hour hearing, and he gave no indication on when he might act on the request.
The hearing came three days after the feeding tube was removed. Doctors have said Schiavo could survive one to two weeks without the tube.
During the hearing, David Gibbs, an attorney for the parents, said that forcing Terri Schiavo to die by starvation and dehydration would be "a mortal sin" under her Roman Catholic beliefs.
"It is a complete violation to her rights and to her religious liberty, to force her in a position of refusing nutrition," Gibbs told Whittemore.
But the judge told Gibbs that he still wasn't completely sold on the argument. "I think you'd be hard-pressed to convince me that you have a substantial likelihood" of the parents' lawsuit succeeding, the judge said.
George Felos, one of the attorneys for husband Michael Schiavo, told Whittemore that the case has been aired thoroughly in state courts and that forcing the 41-year-old severely brain damaged woman to endure another re-insertion of the tube would violate her civil rights.
"Every possible issue has been raised and re-raised, litigated and re-litigated," Felos said. "It's the elongation of these proceedings that have violated Mrs. Schiavo's due process rights."
Terri Schiavo's feeding tube was removed at 1:45 p.m. Friday, the third such time she had begun what Felos described as "her dying process." On both previous occasions, the tube was re-inserted by court order.
Well, I agree for the most part, but in any "de novo" case which is filed for the first time, the judge has to decide likelihood of success if he is asked for an emergency injunction. The TRO is an extraordinary form of relief. I agree that the prudent thing under these extraordinary circumstances is to reinsert the tube. However, judges do not view matters as we do. IF the judge does not think the parents have a case, then he will feel he is doing greater harm by issuing an order to reinsert the tube.
True, it's a no-win situation - but like the President said, if we are going to make an error, le'ts err on the side of life. If they hem and haw while she slowly wastes away, and then say 'oops' it's a little late to change anything.
Uh, depends: If BC is currently involved with anybody it may take, oh.... about a week. Just long enough....
If HC has her way, maybe she may be unable to be reached for about two weeks. Just long enough, with a few extra days to make sure....
Poop.
Dear Torie,
Forgive me if I seem a bit cynical, but I think that the Republicans passed the law, and the president signed it, pretty much suspecting that in the end, it would be ignored by the judiciary. The law, as best as I can figure, is an affront to these black-robed demons, and thus doesn't stand much of a chance of having effect.
But the Republicans and the president can claim to have done all they can once Terri has been successfully murdered. This is a sop thrown to us social conservatives.
sitetest
Jeb Bush needs to act now to save Terri. This is ridiculous. The Congress of the United States of America has been crapped on by this federal judge. It's pretty apparent.
So if this judge comes out at 9PM tonight and says he's reviewed everything and he agrees with the Florida courts you will be satisfied? Or will we start ripping Congress because they wrote a law that allowed this to be a possible outcome?
I'm sure you want the judge to just follow the law, right? Not be a judicial activist and make a ruling based upon how he feels?
He's just hoping she dies before he has to make a ruling. Simple as that.
I thought I would borrow that for my new tagline. If you want it back, just let me know.
If you feel so strongly, why don't you roll a posse? I realize you might have to leave your keyboard for awhile......
bookmark
I could never let a helpless, starving person go without water and food for even five minutes, even if I didn't especially like the person. And I'm no saint, just an ordinary person with some sense of right and wrong. The people on the "husband's" side of the issue must really be demonic.
I feel badly for Terri, people who may say they would not like to live in that condition is a normal reaction. When that person has a brain injury,she becomes a whole different person inside and out. Her husband should be deprived of food and water also.
FYI, murder is defined as the taking of one human life by another, without justification or excuse.
The article states "Armed with a new law passed by Congress (her) lawyer pleaded with the judge . . "
I know President Bush has made his feelings clear on this issue.
?
I'm going to see if I can get some news. Too much heat, too little light here now.
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