[Theodore R.]

But how could the Tampa Clintoid judge refuse to hold a new trial simply because he thought that the Schindlers could not prevail. The law says there should be a new trial without prejudice. It does not say that the judge may not have the trial if he pleases. To me, that would be grounds for the appeals court to give relief (tube re-insertion), and sending the case back to trial to Tampa. And the Tampa trial would be by jury: so this judge might not be able to dictate death for Terri.

[Jim Noble]

To me, that would be grounds for the appeals court to give relief (tube re-insertion), and sending the case back to trial to Tampa.

Every Federal judge in the country knows that Souter, Ginsburg, Breyer, Kennedy and Stevens would pull the tube out with their own hands.

And every Federal judge in the country will rule accordingly.

[ContraryMary]

It is my understanding that yesterday's hearing only dealt with the injunctive relief pursuant to Section 3 of the law.

SEC. 3. RELIEF.
After a determination of the merits of a suit brought under this Act, the District Court shall 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 judge made a determination of the merits of the suit and accordingly did not grant injunctive relief. Nothing more.