Judge Refuses to have feeding tube reinserted in Terri Schiavo (FOX NEWS ALERT)

Fox News | 03/22/05

[tsmith130]

Just heard on Fox....so sad.

[Dog]

They'll be in the 11th circuit court of appeals within hours

Remember the Supremes have already refused to hear an appeal.

[thoughtomator]

Governor Bush, bring out the National Guard already!

[Mo1]

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

Yes they can

But she might not live long enough

[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.

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.

[GRRRRR]

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

[thoughtomator]

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.

[grania]

Clintonista judge - I am not surprised.

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

[Gondring]

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..."

[Mo1]

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

[arbee4bush]

so true. Well put

[mewzilla]

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.

[topher]

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.

[Concerned]

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.

[Catspaw]

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.

[Rightwing Conspiratr1]

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

[Born Conservative]

When is the b!tch gonna die? (quote attributed to Michael Schiavo)

[leadpenny]

Imus on MSNBC also covering.

What now?

[Tarantulas]

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

[Road Warrior ‘04]

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