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To: Dog Gone
I don't think there's much doubt that Congress wished to have the case tried new in Federal Court. That's why they passed the legislation.

But the plaintiffs didn't ask for that

I think it took them until the second time around, but they got around to asking for it. And IIRC, even on the first go-round, there was a dissenting opinon (that the case was not being handled per the people's intent, as expressed in legislation) at the Circuit Court.

The general points I was making with my previous post were that Farah's article had no analysis, and your assertion that the Republican judges FOLLOWED the law is subject to well-reasoned disagreement. See judge's dissenting opinion.

46 posted on 05/09/2005 5:37:29 PM PDT by Cboldt
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To: Cboldt
I'm certainly in agreement that Farah's article had no analysis, but that's par for his efforts.

I'm less convinced that the federal courts didn't do what they had to do given the facts and the pleadings. They certainly weren't given anything in the first round of filings and, realistically, it was probably too late from a clinical standpoint for Terry when they were given a second chance to intervene.

Even then, it's arguable at best. The Schindlers' lawyers simply never made the best arguments and it was apparent to many of us here at the time.

Take the emotional aspects of Terri's case and put them aside for a moment. These life and death matters rightly belong to the states. We allow states to decide whether or not to have a death penalty. If Roe v. Wade is reversed, it will return the options regarding abortion to the states for them to decide.

Just like probate law belongs to the states, so should these decisions. The states are the testing grounds for different approaches to legal matters, and having 50 of them trying out different things ultimately leads to better decisions which are later adopted by all.

Florida screwed this one up. The answer isn't a federal law, hastily written in a couple of days. It's for other states to observe the process and come up with alternative solutions.

52 posted on 05/09/2005 5:54:57 PM PDT by Dog Gone
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