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Judge Refuses to have feeding tube reinserted in Terri Schiavo (FOX NEWS ALERT)
Fox News | 03/22/05

Posted on 03/22/2005 3:26:06 AM PST by tsmith130

Just heard on Fox....so sad.


TOPICS: News/Current Events
KEYWORDS: contrarymarytroll; cultureofdeath; deathcultivation; federalism; federaljudge; feedingtube; florida; investigatemichael; investigatemikenow; judgewhittemore; justice; lethergotojesus; overblown; prayers; privacy; righttodie; schiavo; sicsempertyranis; soapopera; terri; terrischiavo; terrishiavo; uselesseaters
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1 posted on 03/22/2005 3:26:07 AM PST by tsmith130
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To: tsmith130

The family can appeal now, though, can't they?


2 posted on 03/22/2005 3:27:05 AM PST by mewzilla (Has CBS retracted the story yet?)
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To: tsmith130
He is going to let her die. The SOB.

This makes me so sick

3 posted on 03/22/2005 3:27:20 AM PST by arbee4bush (Then, in a clattering crescendo of keystrokes, the issue exploded in cyberspace.)
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To: tsmith130

So where do they go from here?


4 posted on 03/22/2005 3:27:24 AM PST by stopem (Support the troops yellow ribbon purse-key-holders.)
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To: mewzilla

CNN is also reporting this. They'll be in the 11th circuit court of appeals within hours.


5 posted on 03/22/2005 3:28:19 AM PST by Catspaw
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To: stopem

To those three FL state senators I hope.


6 posted on 03/22/2005 3:28:32 AM PST by mewzilla (Has CBS retracted the story yet?)
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To: tsmith130
He's also going to decide if Congress overstepped their boundaries.
7 posted on 03/22/2005 3:28:33 AM PST by Right_in_Virginia
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To: stopem

I think the judge is saying hell.


8 posted on 03/22/2005 3:28:41 AM PST by Rokurota (.)
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To: tsmith130
I hear a lot of arguments, from liberals and so called freepers, that our culture (democracy) demands that the separation of powers be respected here, above Terri's life. "We're opening a can of worms," they say, "a slippery slope. The law is above all, it was written by very wise men."

There was once another culture that had the same battle. But someone came along who seemed to put individual persons above the laws of that culture. Many people say today that the law cannot be 'bent' for one person. This other culture said the same thing. But the person in this other culture did put others above the 'law.' In fact in doing so this person incurred the wrath of the judiciary of that culture. They viewed the law as being above all else. But the person who angered them so said the law was made FOR man, not man for the law. So he broke the rules, went against the culture. He broke a holy tenant of the culture. And the wrath he incurred led to the culture condemning him to death. And the sentence was carried out.

What was the great violation of his culture. He healed a man on the Sabbath.

But the law they said was from God Himself. So when we look at the laws of God, and the laws of democracy we can ask ourselves what this man asked his culture: "Which is lawful: to do good or to do evil, to save life or to kill?” But those who condemned him remained silent. (From Mark 3:4).

So today we can choose to be like the Pharisees and Sanhedrin, putting the law above man, or we choose to be, well like God would have us be, to do good and save life, not destroy it.

9 posted on 03/22/2005 3:28:49 AM PST by feedback doctor (Mark Sanford and Condi Rice '08)
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To: tsmith130

I would expect no different from a Clinton appointee.


10 posted on 03/22/2005 3:29:04 AM PST by MisterRepublican (I DEMAND THAT FOX NEWS GET JENNIFER ECCLESTON BACK FROM NBC!)
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To: tsmith130
But, but, but...today, March 22, is World Water Day! Thus proclaimed by the U.N.!

This is an abomination, what is happening to Terri. It's not my call, but I do hope God will not suffer these fools to treat a living, breathing human being with such disdain. May the Lord provide her with His sustenance, may she be nourished with the Living Water.

11 posted on 03/22/2005 3:29:40 AM PST by shezza
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To: Catspaw

Can they appeal to the 11th when this judge is taking his time deciding this case? He may not rule for however long the way I understand it.


12 posted on 03/22/2005 3:29:43 AM PST by arbee4bush (Then, in a clattering crescendo of keystrokes, the issue exploded in cyberspace.)
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To: tsmith130

Clintonista judge - I am not surprised.


13 posted on 03/22/2005 3:30:01 AM PST by mathluv
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To: Catspaw

If those three state pols can be persuaded to change their minds, a state law can be passed, can't it? If those polls refuse to change their vote, they better pray that Schiavo has been telling the truth.


14 posted on 03/22/2005 3:30:11 AM PST by mewzilla (Has CBS retracted the story yet?)
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To: Catspaw
How can it go to the 11th circuit in a matter of hours? Is this is final decision or an interim one while he "ponders" his decision?
15 posted on 03/22/2005 3:30:35 AM PST by Right_in_Virginia
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To: mewzilla

The Georgetown professor on FOX is saying there probably is an appeal going on right now.


16 posted on 03/22/2005 3:30:35 AM PST by tsmith130
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To: feedback doctor
So today we can choose to be like the Pharisees and Sanhedrin, putting the law above man, or we choose to be, well like God would have us be, to do good and save life, not destroy it

That is the bottom line here!

17 posted on 03/22/2005 3:31:11 AM PST by AmericaUnited
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To: feedback doctor

Beautiful. Thank you.


18 posted on 03/22/2005 3:31:17 AM PST by Ladysmith (Wisconsin Hunter Shootings: If you want on/off the WI Hunters ping list, please let me know.)
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To: tsmith130

He is a friggin murderer!


19 posted on 03/22/2005 3:31:22 AM PST by Bushbacker1 (Kill 'em til they're dead! Then, kill 'em again!)
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To: tsmith130

And the "noted expert" on Fox keeps using the made up word "ji-normus" whatever the hell that means.


20 posted on 03/22/2005 3:31:41 AM PST by MisterRepublican (I DEMAND THAT FOX NEWS GET JENNIFER ECCLESTON BACK FROM NBC!)
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To: Catspaw
They'll be in the 11th circuit court of appeals within hours

Remember the Supremes have already refused to hear an appeal.

21 posted on 03/22/2005 3:31:54 AM PST by Dog
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To: tsmith130

Governor Bush, bring out the National Guard already!


22 posted on 03/22/2005 3:31:55 AM PST by thoughtomator (Will Michael Schiavo get away with murdering his wife? Stay tuned to find out!)
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To: mewzilla
The family can appeal now, though, can't they?

Yes they can

But she might not live long enough

23 posted on 03/22/2005 3:32:03 AM PST by Mo1 (Why can't the public see Terry - What are they afraid of ??)
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To: arbee4bush

He will let her die while he does a leisurely review of the evidence, break for lunch, play with his grandchildren, maybe take in a movie to break the stress.

How cold can this Judge be. He won't even put in an IV.

and his deliberation will go on, like maybe a couple of weeks while two parents watch their daughter die.

I don't know about you all, but there is something prfoundly disturbing about this.


24 posted on 03/22/2005 3:32:11 AM PST by cajungirl (no)
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To: tsmith130

CLOSED CAPTION from FoxNFriends...

Tue Mar 22 05:28:19 2005

What we know now is this, the judge -- I know that's not a 9:00 A.M. To 5:00 P.M. Courtroom, but here we are at 6:30 A.M. Eastern time, and we get this ruling, i never put a day into law school but i find that somewhat surprising, but getting up in the morning deciding this, doesn't peen he is not going to decide that he's going to reconnect the tube maybe later on today, correct?

>> That's correct. And there is some evidence that she could live a week or two weeks without the feeding tube, so she may still be in good health, alive, when he does decide, and he may still decide as the final matter to connect the feeding tube, but if he doesn't, and I don't think he is going to, then there will be appeals up all the way up and maybe even to the supreme court, and I think there is a significant chance that she might die in the meantime and that the whole thing would become mooT. It seemed to me the handwriting was on the wall about what this judge was going to do when he didn't get up in the morning yesterday morning, in the middle of the night yesterday night when they filed the paper in court and take some emergency measure to preserve of terri schiavo until he could consider the casE. It seemed to me it was clear.

Brian: So I understand, so if he's going to go that direction, why wait? Why not make the decision and give the parents the opportunity to take it to another level?

>> He might. If he's a humane person, he may well do that. These are enormous constitutional issues, so they take a lot of briefing and consideration. The question of whether congress could open the federal court doors transgress the line between legislatures and court and between state and federal power and to make a specific decision about a specific case, which is usually the job of the courts and not congress, that's an enormous constitutional issue that will require a lot of argument and briefing and then the question of whether terri schiavo has a right to live or a right to die, even if the judge first decides the federal court doors were opened properly, then he has to get into that big question of right to die versus right to life under the constitution and that's a very big question and very complicated, so there's going to have to be briefing and argument, but all that said, if he is so minded, he could do this very rapidly, and allow these emergency appeals. There could even be an emergency appeal on this initial emergency order to not reconnect her even temporarily to preserve her health wile all the bigger issues are being considereD. There could be an appeal right now and probably will bE. In fact, they filed preliminary papers already in the court of -- federal court of appeals, to put back the feeding tube as an emergency matteR.

Kiran: Paul rothstein, please stick around. Georgetown university law professor. We're going to take a quick break. We're getting word from the associated press that the federal judge deciding on terri schiavo's fate refused an order to reinsert terri schiavo's feeding tube, that was an emergency request filed by her parents. The final outcome still not known as we're hearing from

25 posted on 03/22/2005 3:32:36 AM PST by GRRRRR (America the Wonderful! Optimism beats Pessimism Every Time!)
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To: Dog

That was on a different issue, and they didn't have jurisdiction. However, they do have appellate jurisdiction over anything that comes out of the federal courts, so I doubt they will refuse a review of a Circuit Court decision.


26 posted on 03/22/2005 3:32:48 AM PST by thoughtomator (Will Michael Schiavo get away with murdering his wife? Stay tuned to find out!)
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To: mathluv
Clintonista judge - I am not surprised.

Are you surprised your non-Clintonista president and governor haven't granted a stay of execution?

27 posted on 03/22/2005 3:32:55 AM PST by grania ("Won't get fooled again")
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To: tsmith130; RS
Reportedly, Congress will be pushing through a law to appeal to the United Nations. </sarc>

After all, we've trashed federalism...why not sovereignty?







And you, too, can say, "I was there when Conservatism died..."

28 posted on 03/22/2005 3:32:59 AM PST by Gondring (They can have my Bill of Rights when they pry it from my cold, dead hands!)
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To: Dog
Remember the Supremes have already refused to hear an appeal.

But wasn't that because it was in a State Court?

This is now in a Fed Court

29 posted on 03/22/2005 3:33:04 AM PST by Mo1 (Why can't the public see Terry - What are they afraid of ??)
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To: feedback doctor

so true. Well put


30 posted on 03/22/2005 3:33:06 AM PST by arbee4bush (Then, in a clattering crescendo of keystrokes, the issue exploded in cyberspace.)
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To: Mo1

If she dies, I hope the Feds think about bringing civil rights charges, at the very least, against Schiavo if it can be proved the lied at any time during this travesty.


31 posted on 03/22/2005 3:33:53 AM PST by mewzilla (Has CBS retracted the story yet?)
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To: MisterRepublican
I would expect no different from a Clinton appointee.

People need to remember the influence of Hillary on that administration and her pre-occupation and strong ties with the culture of death. Her senate term ends in 2006 and she may run for president in 2008.

32 posted on 03/22/2005 3:34:16 AM PST by topher (Pray for our leaders -- Pray for Justice for Terri Schiavo -- let her live!)
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To: tsmith130
Gibbs needs to argue that Terri's rights were violated when Greer refused to recuse himself---as REQUIRED---when they asked for the case to be removed from his court due to bias.
33 posted on 03/22/2005 3:34:23 AM PST by Concerned (My Motto: It's NEVER wrong to do what's RIGHT!!!)
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To: arbee4bush

He's already decided the case. I just checked the court's website and the written decision isn't posted yet, but the lawyers may have received the decision. The next stop is the 11th circuit in Atlanta.


34 posted on 03/22/2005 3:34:24 AM PST by Catspaw
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Comment #35 Removed by Moderator

To: tsmith130

Bush ought to just pardon her. Sign an executive order commuting her death sentence. Let the lawyers argue over what it means.


36 posted on 03/22/2005 3:34:38 AM PST by Rightwing Conspiratr1 (Lock-n-load!)
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To: tsmith130
When is the b!tch gonna die? (quote attributed to Michael Schiavo)
37 posted on 03/22/2005 3:34:45 AM PST by Born Conservative ("Mr. Chamberlain loves the working man, he loves to see him work" - Winston Churchill)
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To: tsmith130

Imus on MSNBC also covering.

What now?


38 posted on 03/22/2005 3:34:45 AM PST by leadpenny
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To: tsmith130

It would have been unconstitutional for him to rule otherwise. And this ruling respects Terri's wishes. Good call, judge.


39 posted on 03/22/2005 3:34:46 AM PST by Tarantulas
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To: grania

troll


40 posted on 03/22/2005 3:35:07 AM PST by Bushbacker1 (Kill 'em til they're dead! Then, kill 'em again!)
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To: Mo1

Both--the case has been refused by the USSC, and they've been ruled against by the Florida supremes.


41 posted on 03/22/2005 3:36:03 AM PST by Catspaw
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To: cajungirl

"He will let her die while he does a leisurely review of the evidence, break for lunch, play with his grandchildren, maybe take in a movie to break the stress."

Considering the fact he is a Clinton appointee, he would also be headed to the day spa for a mudbath and manicure and also taking a little "me-time" to watch Ellen on Oh!.


42 posted on 03/22/2005 3:36:11 AM PST by MisterRepublican (I DEMAND THAT FOX NEWS GET JENNIFER ECCLESTON BACK FROM NBC!)
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To: mewzilla

But there are just so many hours in a day, looks like design to me, slowing the process down by the judge assuring her death.

We live in a sick world don't we.


43 posted on 03/22/2005 3:36:25 AM PST by gulfcoast6 (?)
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To: Tarantulas
And this ruling respects Terri's wishes.

What if her husband is lying?

44 posted on 03/22/2005 3:36:30 AM PST by mewzilla (Has CBS retracted the story yet?)
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To: Tarantulas
It would have been unconstitutional for him to rule otherwise.

Trusting you're a legal scholar, perhaps you can explain this in a sentence or two.

45 posted on 03/22/2005 3:36:33 AM PST by Right_in_Virginia
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Comment #46 Removed by Moderator

To: grania
Are you surprised your non-Clintonista president and governor haven't granted a stay of execution?

Yes, because isn't it every King's President's right to interfere in the lives of his citizens and block their preferences?

47 posted on 03/22/2005 3:36:45 AM PST by Gondring (They can have my Bill of Rights when they pry it from my cold, dead hands!)
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To: tsmith130

Another victory for the pro-death liberals. And Clinton's legacy continues on. How sad.


48 posted on 03/22/2005 3:36:57 AM PST by mek1959
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To: Dog

Yes, I know the USSC has refused to hear the case. The Schindlers legal options are quickly closing.


49 posted on 03/22/2005 3:37:41 AM PST by Catspaw
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To: grania

I have noticed that W and Jeb are trying 'within the law' to save her.


50 posted on 03/22/2005 3:38:07 AM PST by mathluv
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