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To: Dead Dog
Or, in otherwords, it's not so much the merit of their case...but a legalistic pissing match with grown men wearing robes in a huff.

It shouldn't have mattered. Congress, with the passage of "Terri's Law" gave the Schindlers a remarkable" and in some ways, unprecedented--opportunity".

Congress gave the Schindler's the power to start over:

" Congress empowered them to litigate anew any issues relating to their daughter's condition. Violations of Terri's rights were to be determined without regard to any prior rulings by the state courts: de novo in lawyer's jargon."

For some unknown reason, the Schindler's legal team failed to evoke this right. My heart sank with each appeal filing, and just broke in two with the brief they filed before the US Supreme Court.

This is a another tragedy.

179 posted on 03/28/2005 5:29:39 PM PST by Right_in_Virginia
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To: Right_in_Virginia
They didn't fail to evoke this "right", according to Robert Bork (He was on Fox over the weekend). Judge Whittmore choose to ignore the intent of Congress on his own discretion.

I'm curious as of how Congress passing this law fits with their power to set Jurisdiction in of the Courts. IMO, they were within their power, but I haven't heard this debated.
200 posted on 03/29/2005 6:28:32 AM PST by Dead Dog
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