Posted on 03/21/2005 2:14:45 PM PST by sonsofliberty2000
Just on Fox: Judge going back to chambers to review plaintiff (parents) request for restraining order and tube reinserted.
"It IS scary. We, the people, are powerless in front of the tyrannical judiciary."
Your absolutely right....to think this is only the beginning! It's gonna get much worse! God help us!
This is going to be a very ugly night. There is not a good outcome for anyone tonight.
"Jeb Bush can still take Terri into protective custody in order to have allegations reported to Dept of Children and Families investigated. There are NEW outstanding charges that must be investigated and can't be investigated if Terri is dead. For God's sake call Jeb Bush"
He has already said he will only do what is legal. Meaning he is also a castratol that won't put anything on the line. I'm fed up with gutless politicians, especially those I have supported (Republicans).
I agree. Seems like the Clinton-appointed judge is dragging his feet intentionally, hoping that maybe he won't have to worry about making a ruling. (There is NO PLAUSIBLE REASON for him to be dragging this out!! They woke GWB at 1:30 AM to sign the law for crying out loud, and this guy needs to spend 16+ hours instead of the 2-4 it SHOULD take?!!!!)
This whole thing makes me absolutely sick. People putting politics over helpless people's lives. (I'm sure it's entered this judge's mind that not helping Terri is good for his party).
Disgusting. The only good thing that could come out of all this is our guys finally deciding to DO SOMETHING about the out of control judiciary - like invoke the so-called "nuclear" (aka Constitutional) option and push GWB's judges through - NO MATTER WHAT.
MIA from among those demanding justice for Terri.
Judge will not order the reinsertion of feeding tube. If he was going to do that...it'd have already been done. He's hoping she'll pass before he issues his order. 'toons appointee....what else could we expect.
K-Lo's post has CNN indicating that the hearing ended inconclusively, without any determination of when or whether there will be a decision on anything, including whether to reinstate the feeding tube. I would regard this as a VERY bad sign.
The law passed by congress and signed by the president last night provides that in a lawsuit such as the one Terri's parents have brought: "the District Court shall determine DE NOVO any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted." (Italics and other emphasis mine).
De novo review regardless of what went on in the state courts should mean it is a brand new ballgame-- the federal court owes no deference to any of the matters raised or ruled on in the state courts. Given the voluminous nature of the record generated in Florida, there is no way this case can be decided quickly if it is to be reviewed responsibly. Terri Schiavo would be dead in the time that would take. So, manifestly, the only proper thing for the judge to do was to order the feeding tube replaced forthwith the minute the case was filed. If Terri's parents lose their case, the tube can always be removed again. But if Terri dies while the judge is spinning his wheels, she and her parents can never be made whole.
Imagine if this were a death penalty case and a law got passed staying the execution until a new judge could completely review the case. Imagine also that this law had gotten passed while the capital defendant was being walked by jailers to the execution chamber. Does anyone think the authorities would keep walking the defendant to the lethal injection table, strap him in, and begin the execution while waiting for the judge to perform his de novo review?
Of course not – the very first thing that would have happened would have been the immediate return of the capital defendant to the safety of his cell. The status quo would be preserved without prejudice to either side, and with the knowledge that if the judge later ruled against the defendant there would be plenty of time later to walk him back to the death chamber and get on with the execution.
Why is this hard? You can argue about how the judge's de novo review should be decided. But what possible good reason is there for not ending the ongoing starvation and dehydration forthwith?
The people of Iraq did so with a stained purple finger. What can we do to save one woman from being starved? My God is this what we have become? How are we different from those that stone, behead their women because they can. We kill our babies, now our handicap, next our elderly, then the useful idiots which their servces will no longer be required, then...
Why could the little boy not see the Emperor's fine raiment?
Clearly, there is none. The judge is simply dragging his feet.
She can't eat and swollow, that's why she has a feeding tube, which the husband claims is keeping her alive "artifically", which is absurd. Millions of people eat by feeding tubes because they canno eat or swollow.
The way she is being made to die is terrible. This is beyond pathetic. I feel dirty even watching this happen.
Nobody can eat or swallow food or fresh water if the placement of it into their mouths is forbidden. Terri can swallow saliva, which would suggest that ice chips on the tongue would almost certainly be effective pallative care, if the murderers didn't unlawfully forbid them.
Jeb Bush has already expended a lot of effort to save Terri's life and to berate him for not taking illegal actions is just nuts. Either we believe in the Rule of Law in this country, or we don't. During the Clinton years, this forum was a firm believer in that. I hope it hasn't changed, but I see it more and more.
What have we come to when we're angry with politicians for NOT doing illegal acts?
Do you think this is the first time a patient has died from having their nourishment withdrawn? It happens every day. Are all the people who authorize this for one of their loved ones murderers?
Yep. Looks like they converted this into a win-win situation for the pols and a lose-lose situation for Terri. We'll see. Prayers on!
And for anyone who wants control of their own life to get out of there.
Marjorie Nighbert was starved, by order of a Florida Judge, even though she had asked for food and water.
Dehydration Nation"
Juducial arrogance?
Thank you for the explanation.
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