IS the purpose of the law "process" or is it justice. Why would not the appeals court justices push Gibbs in the right direction in the interest of justice?
They did actually. Whittemire pushed more. It is not against the law to amend one's complaint. I know what I would have done I think on the appellate court given the extraordinary circumstances. I would have said that the pleading could be easily amended to render it likely that an injunction would issue, and given that Gibbs has the power to amend, and given further that when Gibbs finds time in his no doubt busy schedule to get around to amending the complaint, the case will be mooted by a corpse, I am going to order the feeding tube be reinstered, until the earlier of 1) Gibbs not filing an amended complaint and new motion within 5 days, or 2) Whittemire again denying such an injunction. That is what I would have done. But it could rightfully be characterized as an abuse of appellate court power. But I would have done it anyway. I would not have allowed Terri to die over a defective pleading which is curable. I just wouldn't. Period.