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To: Theodore R.
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.

1,563 posted on 03/22/2005 4:03:07 PM PST by ContraryMary
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To: ContraryMary

"The judge made a determination of the merits of the suit and accordingly did not grant injunctive relief. Nothing more." And what does de novo mean in the Congressional bill?


1,570 posted on 03/22/2005 4:08:07 PM PST by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: ContraryMary
The judge made a determination of the merits of the suit and accordingly did not grant injunctive relief. Nothing more.

You need to read the whole entire act. Section 2 of the same act reads:

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 direction of the Congress to the court to try the case all over again - which was not done - is pretty clear.

1,579 posted on 03/22/2005 4:11:35 PM PST by AndyJackson
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