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To: 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?

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.)
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To: AndrewC
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.

2,611 posted on 03/31/2005 9:08:37 PM PST by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
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