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To: AndrewC
The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

Guess what? That's a due process review.

2,420 posted on 03/31/2005 6:45:19 PM PST by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
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To: general_re

"The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

Guess what? That's a due process review."

You are saying that a Florida court has some right to determine the meaning of US laws and the US constitution?

I think the US constitution itself gives the power to determine what the US constitution means directly to the US Supreme Court. Not some state court.

Also, how can Terri have received due process when she was never in court and she had no voice (attorney) speaking for her?

In essence, she was not allowed to face her accusers in court. She got the death penalty for not being able to speak for herself.


2,543 posted on 03/31/2005 7:59:19 PM PST by mjaneangels@aolcom
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To: general_re
Guess what? That's a due process review.

Guess what? That is not a de novo due process review as Congress intended and the decision to deny an injunction admits.

Schiavo v. Schiavo, et al, Order Denying TRO

The Act does not address the traditional requirements for temporary injunctive relief. Accordingly, these standards control whether temporary injunctive relief is warranted, notwithstanding Congress' intent that the federal courts determine de novo the merits of Theresa Schiavo's claimed constitutional deprivations.

2,597 posted on 03/31/2005 8:43:47 PM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)
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