Replies

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?

2,601 posted on 03/31/2005 8:55:49 PM PST by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)

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?

2,607 posted on 03/31/2005 9:03:46 PM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)

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

2,618 posted on 03/31/2005 9:20:11 PM PST by STARWISE (PLEASE .... PRAY FOR TERRI AND HER FAMILY. 'WHERE THERE'S LIFE THERE'S HOPE!")

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