Terri Schiavo has passed away

CNN ^ | 3/31 1005 | CNN

[Eurotwit]

Breaking now on CNN

[general_re]

No, no, no. You're totally misreading that. An order denying the TRO is not the de novo review itself - it's just a preliminary to see if injunctive relief is warranted prior to the review. The act did not mandate relief - it could have, of course, but it didn't - and hence the courts fell back on the usual standards for injunctive relief, which the Schindlers couldn't possibly meet. Why, for heaven's sake, didn't Congress mandate relief so as to keep her alive for her due process review?

[Republic]

Guess I will have to go get the proof...I HATE THAT!

[gentlestrength]

Patients in hospitals should be turned every two hours for circulation and skin care and prevention of damage.

[mjaneangels@aolcom]

"Judges travel within the parameters that we set for them, via the legislature."

Most have not done that lately. Where have you been? Most judges lately have been making their own rules as they go along and the legislature be ......

[ntnychik]

Beautifully stated, joanie.

[general_re]

Most have not done that lately.

Sure they have - those parameters are just not as narrow as legislators want you to believe. Congress and the state legislators have been abdicating their responsibilities to the courts for decades now, and they generally prefer it that way - they take the credit for the things that people like, and they get to blame the courts for whatever goes wrong. It's perfect. Well, perfect for spineless legislators, anyway, which is most of them.

[AndrewC]

No, no, no. You're totally misreading that. An order denying the TRO is not the de novo review itself - it's just a preliminary to see if injunctive relief is warranted prior to the review. The act did not mandate relief - it could have, of course, but it didn't - and hence the courts fell back on the usual standards for injunctive relief, which the Schindlers couldn't possibly meet. Why, for heaven's sake, didn't Congress mandate relief so as to keep her alive for her due process review?

No I am not misreading it.(I know what a temporary restraining order (TRO) is) She did not receive the de novo review the law required. It is common sense to not kill someone until justice has run its course. Do they execute prisoners before due process has been completed?

[mjtobias]

Thanks for clarifying this.

[anonymoussierra]

Time is Time love is love good strong G-D do will help!!!!!Good strong G-D is total LOVE!!!!!Be strong be good America good persons!!!Thank you all

[Angelwood]

Prayers for Terri and her loving family members.

[general_re]

She did not receive the de novo review the law required.

She didn't get the TRO in that snippet you posted, and despite the public posturing of Bill Frist, the language they passed called for nothing more than a procedural review, which they got. Ya got snookered, my friend - DeLay and Frist and Levin bamboozled you and everyone.

It is common sense to not kill someone until justice has run its course.

Not common enough for Congress to mandate relief, obviously, even though they knew - they knew - the Schindlers couldn't possibly get an injunction based on the usual standards. Look at the legislative record, and tell me Levin didn't know that damn well right from the get-go. Without mandatory relief, that bill was a worthless do-nothing piece of publicity fluff, pure and simple.

[sfimom]

This may be just a tad off topic but........what exactly are we teaching our children? When my 8 yo daughter got home from school today I had to tell her that Terri had passed on. She bowed her head for a moment and asked me 'Mommy why did they kill her cause she couldn't talk? Her mommy would have taken care of her'

[processing please hold]

Out of the mouth of babes. Children know.

[sfimom]

We would be better off if children ran the world.

[processing please hold]

Yes we would.

[Proud Conservative2]

Thanks for posting that. It is so true. This is a very sad day in the history of this once great nation!

[STARWISE]

And this "discretion" issue is precisely why this statement was made (in addition to the complete lack of comity one could expect would be forthcoming by one branch regarding the INTENT of the bill passed by the other two branches).

"This loss happened because our legal system did not protect the people who need protection most, and that will change. The time will come for the men responsible for this to answer for their behavior, but not today. Today we grieve, we pray, and we hope to God this fate never befalls another." - House Republican Leader Tom DeLay."

And though you're apparently in the "law business," you should not be surpised at the movement afoot that's unfolding to scrutinize the judiciary in ways perhaps never before seen. You may even see a few judicial committee hearings empaneled that will elicit accountability, as well as some judicial impeachments because, as you know, the judiciary is a co-equal NOT superior branch of our government, at least the last time I checked.

[STARWISE]

The realistic expectation of comity (but then they were so naive as to have the presumption that judges are men and women of honor.)

[AndrewC]

She didn't get the TRO in that snippet you posted, and despite the public posturing of Bill Frist, the language they passed called for nothing more than a procedural review, which they got

You can't be serious! The damned judge admitted that a de novo review was evident in the passed law!!!

[GOPJ]

Thanks for the ping. She is with God.