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MSgt213 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:26 AM
Original message
Cnn reporting Judge has refused to reinsert the tube. AP no link
Edited on Tue Mar-22-05 06:31 AM by MSgt213
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:30 AM
Response to Original message
1. Schiavo Order to reinsert feeding tube...denied.
They just emerged from the courthouse with the news, so no link. However, my local (Tampa) news just interrupted to state the aforementioned, and they're following up for more info.

The judge's statement said that her interests were adequately protected throughout the process, and that the court couldn't sign this Order.

Again, sorry for not having a link, but this just came down minutes ago.
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Cooley Hurd Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:31 AM
Response to Original message
2. CNN breaking news banner:
Edited on Tue Mar-22-05 07:05 AM by Cooley Hurd
AP: Federal judge refuses to order reinsertion of Terri Schiavo's feeding tube.

http://www.cnn.com/2005/LAW/03/22/schiavo/index.html

TAMPA, Florida (CNN) -- A federal judge in Florida has ruled that he will not order a feeding tube reinserted to Terri Schiavo, a brain-damaged woman who is the center of a national legal battle over her life.

The case likely will be appealed to the 11th Circuit Court of Appeals in Atlanta, Georgia.
</snip>
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MSgt213 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:33 AM
Response to Reply #2
3. I put a link in my post.
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liberal N proud Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:38 AM
Response to Reply #2
9. LINK
http://www.msnbc.msn.com/id/7254897/
Judge denies request to reinsert feeding tube
Ruling on Schiavo case comes after feverish action in WashingtonThe Associated Press

PINELLAS PARK, Fla. - A federal judge on Tuesday refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from the brain-damaged woman's parents
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wellst0nev0ter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:03 AM
Response to Reply #9
30. 20
-number of judges who have now sided with Michael Schiavo.
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Cooley Hurd Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:04 AM
Response to Reply #30
32. 0
-number of judges who have now sided with the Schindlers.;)
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calimary Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 10:46 AM
Response to Reply #32
72. To posts 30 and 32 - remarkable, isn't it?
I suppose the fundies will now plan to gang up on all these judges ahd try to have them replaced/removed. "Activist judges," after all. But - funny, all these judges do seem to - um - er - be honoring the will and the sense of the people (assuming you check the lopsided numbers in the latest polls...)

Good GOD this is a shitty story. This is like having one's head held underwater in perpetuity.
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wabeewoman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:33 AM
Response to Reply #72
76. You are exactly right.
SCHNEIDER: Well, we saw signs last night in Florida among the people who were supporting the congressional action. They said stop renegade judges. They said starve the judicial system. This case, which was a case of a state court ordering that the feeding tube be removed, this is the latest in a long series of grievances that go back more than 30 years, to the Roe v. Wade decision in 1973 allowing abortion rights, giving them constitutional protection.

Religious conservatives and other conservatives have protested judicial activism for all these decades on what issues? Abortion, school prayer, sex education, pornography, same-sex marriage, the mandated teaching of evolution, and now, of course, the issue of end-of-life decisions and assisted suicide. Again and again and again, they see the judiciary as power-grabbing activists, and most importantly, violating their own personal religious liberties. And this is the latest in those grievances that have been brewing for decades.

http://www.cnn.com/2005/ALLPOLITICS/03/21/otsc.schneider/
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wildflower Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:45 AM
Response to Reply #30
78. Do you know how many were appointed by which party?
Asking because I'm sure the judges appointed by Dems will be labeled "activist judges"; but I wonder what they'll say about the judges who weren't.

-wildflower
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Norbert Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:33 AM
Response to Original message
4. The just broke in in the local news
What will the bushnistas do now?
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:37 AM
Response to Reply #4
7. They've already said that they're going to appeal
possibly to the Supreme Court. Time, of course, is not on their side.

I'm waiting for the Freeptistas to storm the hospice.
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leftynyc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:01 AM
Response to Reply #7
46. They have to go through the appelate court first
I think it's in Atlanta. Then the supremes.
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:35 AM
Response to Reply #46
57. Right. I meant that they were ready to "go all the way" if need be.
The usual war cry, you know.
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Carni Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:22 AM
Response to Reply #46
75. Isn't that Atlanta court packed with Christian Conservatives?
I think that's the one that shot down all the Gore recount stuff in 2000, but I may be wrong...
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Lindacooks Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 02:07 PM
Response to Reply #46
86. Didn't the Supreme Court already refuse to hear this?
eom
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dbt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:37 AM
Response to Reply #4
8. What will they do now, indeed?
Reckon this one is headed all the way up the food chain. Perhaps Congre$$ will step in again?

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maddezmom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:50 AM
Response to Reply #8
15. Parents appealing to11th Circuit Court of Appeals in Atlanta
according to CNN
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dbt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:56 AM
Response to Reply #15
16. Thanks, Mom!
Let's all watch how FAST the Wheels Of Justice begin to turn on this one. Meanwhile, what's this I hear about Rehnkkkwist dragging his decaying carcass back to the high bench?

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Windy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:46 AM
Response to Reply #4
14. They are already calling him an activist judge and pointing out
that he's a Clinton appointee...

Let the games begin!

The 11th circuit will not overturn this judge either and the family sought review by the Supreme court in the past and review was denied.

Gee, what is congress Dumbya gonna do now...

Its a shame that the family, the patient and the husband have been forced to endure this.
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Dudley_DUright Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 07:07 AM
Response to Reply #14
20. Activist judge?
Ironic considering the judge is refusing to do anything but respect the jurisdiction and rulings of innumerable courts in FL. More like activist congress out of control.
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Kber Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:03 AM
Response to Reply #20
31. True
more like he's an "inactivist judge".

but seriously, an "activist" is anyone who doesn't rule in your favor I guess.
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northzax Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:38 AM
Response to Reply #31
58. I think that people don't understand what the law said
many people seem to think that this law said that the tube would be reinserted. It didn't. it simply referred the case to a federal judge for de novo review. Well, he reviewed the case, and, following the law, came to the only decision he could.

"Activism" would have been refusing to hear the case at all until a hearing on constitutional issues and then throwing it out on those ground before even having a hearing. It would have been the proper decision, I think.

I wait for his written opinion, see what he based his rulings on.
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renaissanceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:58 AM
Response to Reply #20
61. Out of control indeed. Where is the outrage? n/t
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spinbaby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:24 AM
Response to Reply #14
40. Only an activist?
I thought that he'd be a renegade judge at least.
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renaissanceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:57 AM
Response to Reply #14
60. If protecting the Constitution is "activism," I'm all for it.
All these bastards should be impeached for trying to undo our system of government.


http://www.cafepress.com/liberalissues/472476
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reprobate Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 12:32 PM
Response to Reply #60
82. What we are seeing is 'our system of government' devolving into ....

....a satire of itself. This kind of thing happens just before the collapse of a system. IMHO.
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spinbaby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:34 AM
Response to Original message
5. Good
I'm glad the judge had some spine.
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phylny Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:36 AM
Response to Reply #5
6. I'm glad there's someone left in government
with principles, someone who swore to uphold the laws and the Constitution of the US and is actually DOING it!
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jbnow Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:42 AM
Response to Reply #5
11. He was appointed by Clinton
They will blame that. (And use it as an excuse for that nuclear option to push theirs through?)
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Lindacooks Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 02:08 PM
Response to Reply #11
87. Remember, if anyone says that to you, remind them that he
was confirmed by a Repuke Senate.
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MsMagnificent Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:40 PM
Response to Reply #11
101. Twas only a matter of time until: Clinton-Did-It!
ROFLMAO

TOO funny, there's nothing that evil Bill Clinton didn't cause!

And they, the Reprobates, are as usual blameless & guiltless

Conscienceless is more like it.
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truthisfreedom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:39 AM
Response to Original message
10. oh, there's a rovian plan. just wait and see. it's all about positioning
jeb.
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OKNancy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:44 AM
Response to Reply #10
13. Or about judgeships
The Repubs will say, "see we told you the federal judiciary needs more Bush judges" Delay and the others will manipulate and sneak and even cheat if they can. Of course, the media will all go along with it too.

Grrrrrrrr
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AnnInLa Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:44 AM
Response to Original message
12. Judge Wittemore is no Liberal

http://talkleft.com/new_archives/010117.html#010117


Tuesday :: March 22, 2005

Judge Wittemore's Judicial Rulings

Judge James D. Wittemore of Tampa is bound to become the latest target of the right if he decides not to order the reinsertion of Terri Schiavo's feeding tube. Given his background and history, I don't think they have a leg to stand on.

read the whole article at link above
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high density Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 07:24 AM
Response to Reply #12
23. Yesterday MSNBC was trumpeting that...
Edited on Tue Mar-22-05 07:29 AM by high density
"Clinton, a Democrat" had appointed this judge. I have no doubt that this will become another rallying cry for the far far right against Clinton and the judicial system.
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AnnInLa Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 07:34 AM
Response to Reply #23
27. Yeah, before long, "Clinton killed her"
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nolabels Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 10:13 AM
Response to Reply #27
67. Blame national debt on him also after all the Nazi's would of
Edited on Tue Mar-22-05 10:23 AM by nolabels
The totalitarian state (or a mass revolt) is just a few judgeships away. It won't be pretty, and if you can't see it you better wake up
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maxrandb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 07:42 AM
Response to Reply #23
28. Did They Point Out That This Judge
is a REGISTERED REPUBLICAN??
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KansDem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:34 AM
Response to Reply #23
56. "Clinton, a Democrat" ???
WTF?! The "librul" media nows feels they must identify Clinton as a Democrat? Talk about biased coverage! Obviously, the Corporate Media is attempting to taint any "anti-God" decision as "Democrat."

When was the last time we heard "Bush, a Republican,...(fill in the space with one of his more asinine undertakings)..."
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renaissanceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:59 AM
Response to Reply #23
63. Of course. They'll blame Clinton FOR the judicial system.
We should just run the government from a church.


http://www.cafepress.com/liberalissues/472476
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saltpoint Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:59 AM
Response to Original message
17. Now maybe the guy who had the giant spoon --
-- that said "Please Feed Terri" can be driven home.

He struck me as unstable and I can only hope he is restricted from operating motor vehicles.

Hurray for Whittemore on this phase.
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Cooley Hurd Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 07:17 AM
Response to Reply #17
21. Perhaps the monks can drive him home...
Monks drive, don't they?:shrug:
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saltpoint Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 07:24 AM
Response to Reply #21
24.  Monks. I hadn't thought of that. It might be safer --
-- if they just 'X'ed him across the back end of a shitwagon and slapped the mules' hindends in the general direction of his house.

I'm telling ya, that guy was disturbing to see.
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0007 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:24 AM
Response to Reply #21
41. Perhaps the ones who haven't had their driver license expire
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CoffeeCat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:13 AM
Response to Reply #17
35. I hope he is restricted from operating motor vehicles too...
...but how would he get a giant spoon onto the bus?

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saltpoint Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 03:23 PM
Response to Reply #35
88.  : ) -- of course we could probably recommend --
-- ANOTHER location for that giant spoon...
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rfkrfk Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 07:01 AM
Response to Original message
18. does this case get expedited handling, in Atlanta ?
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dbt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 07:03 AM
Response to Reply #18
19. Bet on it!
Watch everything get pushed aside for this one.

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NJmaverick Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 07:23 AM
Response to Original message
22. I guess they will look for some right wing activist judge
Who will put ideology and politics above law and justice.
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Jacobin Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 07:24 AM
Response to Original message
25. Do you think Scalia is wetting his pants wanting to hear this thing?
I predict SCOTUS will deny writs, though
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moobu2 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 07:51 AM
Response to Reply #25
29. Scalia has said in the past that it's a states rights issue
We'll see if he changes his tune to help his buddy's.
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Jacobin Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:06 AM
Response to Reply #29
34. Scalia only believes in states rights when its convenient for his
radical, idiotic agenda.

Remember Bush v. Gore? Florida state election law was decided by Florida state courts and the Felonious Five took jurisdiction and joined in the coup d'etat.

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Azathoth Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:14 AM
Response to Reply #25
37. It would be a conundrum for Scalia
He couches his uber-conservative agenda in strict constructionist and states' rights rhetoric. To rule the bill constitutional and to agree to step in and overturn the decision of the state courts would violate every principle he claims to believe in, and it would be particularly difficult for him to do so, because it is painfully obvious to everyone (republican and democrat alike) that congress only passed the bill because Tom DeLay ordered them to pander to the extreme fundies.
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msanthrope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:02 AM
Response to Reply #37
73. Scalia would have to contort himself to explain away
his concurrence in Cruzan...not that he couldn't do it, but it would be interesting to watch.
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grumpy old fart Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:48 AM
Response to Reply #73
81. He's just the man to do it...
eom
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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 07:31 AM
Response to Original message
26. BBC News Link
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Catchawave Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:22 AM
Response to Reply #26
50. I love the BBC, especially that we'll probably never see
<snip>
"What this judge did is protect the freedom of people to make their own end-of-life decisions without the intrusion of politicians," he said, the AP news agency reported.
<snip>

...in our MSM news.
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hyphenate Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:05 AM
Response to Original message
33. Thank you, Judge
Whittemore! At least someone has the intellect and non-bias to make a decision that is FOR Terri Schiavo, and NOT for political gain. Bravo!
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RuleofLaw Donating Member (345 posts) Send PM | Profile | Ignore Tue Mar-22-05 08:13 AM
Response to Original message
36. Here is Judge Whittemore's Order
(Man, that judge was busy last night. 13 Pages)

http://abstractappeal.com/schiavo/fedctorder032205.pdf
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 10:01 AM
Response to Reply #36
64. Well-written and thoughtful
Good job, Judge Whittemore.

:toast:
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SidDithers Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 10:40 AM
Response to Reply #36
69. And Nancy Grace thought he was just sitting at home...
eating a steak dinner while poor Terry was starving! Starving i say!

:puke:

Sid
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Zynx Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:37 AM
Response to Reply #36
77. Ah, so THAT'S why it was taking so long - case law opinion
This looks really solid.
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brooklynite Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:19 AM
Response to Original message
38. Judge denies request to reinsert feeding tube
TAMPA, Fla. - A federal judge on Tuesday refused to order the reinsertion of Terri Schiavo’s feeding tube, denying an emergency request from the brain-damaged woman’s parents.

U.S. District Judge James Whittemore said the 41-year-old woman’s parents had not established a “substantial likelihood of success” at trial on the merits of their arguments.

Whittemore wrote that Terri Schiavo’s “life and liberty interests” had been protected by Florida courts. Despite “these difficult and time strained circumstances,” he wrote, “this court is constrained to apply the law to the issues before it.”

http://www.msnbc.msn.com/id/7254897/
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RuleofLaw Donating Member (345 posts) Send PM | Profile | Ignore Tue Mar-22-05 08:19 AM
Response to Reply #38
39. Here is Judge Whittemore's Order
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rodeodance Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:40 AM
Response to Reply #39
43. they are saying an immedicate appeal will be made



http://news.yahoo.com/news?tmpl=story&e=1&u=/ap/20050322/ap_on_re_us/brain_damaged_woman&sid=84439559
Judge Won't Order Schiavo Tube Reinserted

43 minutes ago




By VICKIE CHACHERE, Associated Press Writer

TAMPA, Fla. - A federal judge on Tuesday refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from the brain-damaged woman's parents.


U.S. District Judge James Whittemore said the 41-year-old woman's parents, Bob and Mary Schindler, had not established a "substantial likelihood of success" at trial on the merits of their arguments.

Whittemore wrote that Schiavo's "life and liberty interests" had been protected by Florida courts. Despite "these difficult and time strained circumstances," he wrote, "this court is constrained to apply the law to the issues before it."

Rex Sparklin, an attorney with the law firm representing Terri Schiavo's parents, said lawyers were immediately appealing to the 11th Circuit Court of Appeals in Atlanta to "save Terri's life." That court was already considering an appeal on whether Terri Schiavo's right to due process had been violated.

Gov. Jeb Bush was described by a spokeswoman as "extremely disappointed and saddened" over the judge's decision not to order the tube reconnected. "Gov. Bush will continue to do what he legally can within his powers to protect Terri Shiavo, a vulnerable person," said the spokeswoman, Alia Faraj.
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piece sine Donating Member (931 posts) Send PM | Profile | Ignore Tue Mar-22-05 08:39 AM
Response to Original message
42. the sign says FREE TERRI
well, isn't her passage into the life beyond this one, in a real sense, freedom of the highest sort. This issue raises the question in myself: why do we fear death? Especially for religious types, why do they fear death? I'm puzzled that Terri's parents fear their daughter's passing into the arms of God. Sting was right: If you love someone, set them free. Free Terri, indeed!
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rodeodance Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:44 AM
Response to Reply #42
44. yes, as-bush always says 'liberty" is great.


...But George Felos, an attorney for Michael Schiavo, argued that keeping the woman alive also violated her rights and noted that the case has been aired thoroughly in state courts.

"Yes, life is sacred," Felos said, contending that restarting artificial feedings would be against Schiavo's wishes. "So is liberty, particularly in this country."......
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rodeodance Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:51 AM
Response to Reply #44
45. Fox is now asking if the judge has an 'ethical' responsiblity to keep Terr
alive? Of of a sudden they are worried about etics?
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StaggerLee Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 10:04 AM
Response to Reply #45
66. Poll time for the hypocrites
Edited on Tue Mar-22-05 10:06 AM by StaggerLee
Maybe they should run this poll:

Is it time we stop second guessing the courts decisions on the Schiavo case?
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Demit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:22 AM
Response to Reply #42
49. um, the sign says "Feed Terri"
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calimary Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:16 AM
Response to Reply #42
74. Perhaps this is what "they hate us for our freedoms" really means.
Edited on Tue Mar-22-05 11:21 AM by calimary
I'm with you. Terri SHOULD be freed. She should be released - so her body can join her mind once again. Her mind has already vanished. Indeed, it's literally liquified. All that's left is the involuntary brain - I THINK it's sometimes referred to as the lizard brain - that makes the heart pump and the eyes blink and the diaphragm expand and contract so that the lungs can pump air. That poor woman is reduced to the sentience of a lizard. As I saw the clips on TV last night (Olbermann, of course), it sadly and shockingly reminded me of the little lizard my daughter caught on the playground several years ago and brought home. Could it recognize us? Could it show us affection? Could it respond to our gestures? Was it a sentient being? It certainly could move around, breathe, eat, blink its eyes. Its muscles could contract, much the same as I suppose perhaps the muscles around Terri Schiavo's mouth contract to evoke a kind of sardonic smile. There is nothingness in her eyes. The light and heat have gone out. Only the machinery remains. Why can't they let her go? And why does Mrs. Schindler insist on such mewlingly pathetic and embarrassing public statements as "please save my little girl's life!"? Terri Schaivo is HARDLY a "little girl."

Yes. Free Terri. Truly. In the most literal sense of the word. I hope she soon IS freed - of this earthly prison into which her condition has forced her. She's a hostage. Her soul needs to be able to move on. The crime here is keeping her soul and her spirit imprisoned. Indeed, they are being held hostage.

Interestingly enough, Olbermann had a medical specialist on last night who gave some very clear-eyed and credible perspective to this. Olbermann asked him (GREAT question) if any of this might be happening if Terri Schiavo's eyes had simply remained closed? And the doctor said probably not. It's the open eyes, and the fact that their movement and their very openness CAN BE MISINTERPRETED with great subjectivity - and assigned significance and meaning that really isn't there. (She recognized me! I told her we were going for a ride! She gave me this big smile!) There's nothing there. Nothing. Terri is a hostage. Her spirit anyway. She's being held captive inside an empty shell - by empty minds and even emptier hearts and souls.
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TalkingDog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:16 AM
Response to Original message
47. Judge won't order Schiavo tube reinserted (AP Wire)
A federal judge on Tuesday refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from the brain-damaged woman's parents that had been debated in Congress and backed by the White House.

U.S. District Judge James Whittemore said the 41-year-old woman's parents, Bob and Mary Schindler, had not established a "substantial likelihood of success" at trial on the merits of their arguments.

Whittemore wrote that Schiavo's "life and liberty interests" had been protected by Florida courts. Despite "these difficult and time strained circumstances," he wrote, "this court is constrained to apply the law to the issues before it."

http://hosted.ap.org/dynamic/stories/B/BRAIN_DAMAGED_WOMAN?SITE=FLPAP&SECTION=HOME&TEMPLATE=DEFAULT
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grumpy old fart Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:20 AM
Response to Reply #47
48. Now, if this gets to the the Supremes, will Scalia say that in 1791.....
Edited on Tue Mar-22-05 09:20 AM by grumpy old fart
they didn't even have feeding tubes, so they gotta let it go?
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Rose Siding Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 10:43 AM
Response to Reply #48
71. The Supremes already refused a bite of this apple, remember?
No finding under these conditions could be any more sound than anything they might have trumped up before.
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grumpy old fart Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:47 AM
Response to Reply #71
79. Ah, but now they have been granted jurisdiction by the Chimperor
makes all the diff....
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Ruffhowse Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:28 AM
Response to Original message
51. Judge Won't Order Schiavo Tube Reinserted
Edited on Tue Mar-22-05 09:22 AM by Ruffhowse
TAMPA, Fla. - A federal judge on Tuesday refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from the brain-damaged woman's parents that had been debated in Congress and backed by the White House.

U.S. District Judge James Whittemore said the 41-year-old woman's parents, Bob and Mary Schindler, had not established a "substantial likelihood of success" at trial on the merits of their arguments.


Whittemore wrote that Schiavo's "life and liberty interests" had been protected by Florida courts. Despite "these difficult and time-strained circumstances," he wrote, "this court is constrained to apply the law to the issues before it."


Rex Sparklin, an attorney representing Terri Schiavo's parents, said lawyers were immediately appealing to the 11th Circuit Court of Appeals in Atlanta to "save Terri's life." That court was already considering an appeal on whether Terri Schiavo's right to due process had been violated.

http://story.news.yahoo.com/news?tmpl=story&cid=514&e=1&u=/ap/20050322/ap_on_re_us/brain_damaged_woman
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Ruffhowse Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:28 AM
Response to Reply #51
52. "Right to due process violated"????? This case has been before
the courts at least 20 freakin' times already. What are these people smokin'?
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northzax Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:50 AM
Response to Reply #52
59. actually, her right to due process was violated
by her opponents using an act of congress to get a second bite at the apple.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:28 AM
Response to Reply #51
53. Now the real freak show will begin
Watch for Congress to subpoena everyone and drag them to the Capitol.

Make sure you have plenty of popcorn and beer. This is going to be a long one.

:argh:
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renaissanceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 10:03 AM
Response to Reply #53
65. We should impeach each and every one of them
or invite them to secede and make their own damn country. We'd all be better off.


http://www.cafepress.com/liberalissues/472476
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madhat Donating Member (308 posts) Send PM | Profile | Ignore Tue Mar-22-05 09:28 AM
Response to Reply #51
54. FOX News put up his picture
...asking their rabid followers to go off him, no doubt. Calling him a Clinton appointee. As if this is about people, not laws.
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OlSarge Donating Member (2 posts) Send PM | Profile | Ignore Tue Mar-22-05 09:28 AM
Response to Reply #51
55. Judge Won't Order Schiavo Tube Reinserted"
Could it be that almost forgotten notions such as 'reason' and 'sanity', like the crocuses of spring, have made a tentative appearance?
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HeeBGBz Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:58 AM
Response to Reply #55
62. Welcome to DU, OlSarge
We can only hope. I'll drink to reason and sanity, for sure.
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OlSarge Donating Member (2 posts) Send PM | Profile | Ignore Tue Mar-22-05 10:34 AM
Response to Reply #62
68. Re: "Welcome to DU, OlSarge"
Thank you. Maybe in 6 months or so I'll figure out the architecture here.

I've just been reading the Shaivo thread on the Ann Coulter board. Whoo! Talk about Moonbat alerts! Any reason and sanity which dares raise it's head there is not long for the world.
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Chovexani Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 10:41 AM
Response to Original message
70. Fat Tony and the Supremes
Edited on Tue Mar-22-05 10:41 AM by Chovexani
The (Needs to Get a) Life crowd wants to take this to the Supreme Court but haven't Fat Tony & friends already refused to hear this case twice?

Now that BushCo. is pushing this so hard, I wonder if they'll change their minds, and what kind of horseshit pretzel logic they'll try to use to justify it.
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wabeewoman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:47 AM
Response to Original message
80. I feel like chicken little here
but I think this is a major issue for reasons other than being discussed. This is the thing the fundies have been waiting for-a reason to rise up against the courts/those damn 'activist' or rogue judges and take back the country. Karl and his friends at CNN and faux are just fanning the flames. This is the perfect issue for them in that it is emotional and can be played so well by the media. Now to watch and see how they are going to hamstring the state and federal judges. Or perhaps this will just be used to 'get balance' by approving bush's radical appointees....
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deadparrot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 12:39 PM
Response to Original message
83. Well, this encourages me in two ways:
One, that our judicial system is holding up OK for the moment.

Two, that MAYBE this poor woman will get to go to her rest peacefully.
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Massachusetts Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 12:44 PM
Response to Original message
84. At the Coliseum the GAMES CONTINUED,....
But who is watching the Senate?

:bounce:
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0007 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 12:59 PM
Response to Original message
85. bttft
:kick: :kick: :kick::kick::kick:
:kick::kick::kick:
:kick:
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ender Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 05:50 PM
Response to Original message
89. Judge in Schiavo Case a Clinton Appointee
http://story.news.yahoo.com/news?tmpl=story&cid=536&ncid=536&e=13&u=/ap/20050321/ap_on_re_us/brain_damaged_woman_judge

---

TAMPA, Fla. - U.S. District Judge James D. Whittemore has seen fallen preachers, a motorcycle gang leader and a crusading Cuban ballplayer in his courtroom before becoming the latest member of the bench to be drawn into the Terri Schiavo right-to-die case.

Whittemore heard arguments Monday on whether to order Schiavo's feeding tube reinserted, hours after Congress rushed through a law to let the parents of the severely brain-damaged woman take their case to federal court.

After the parents' attorneys arrived at the Tampa courthouse in middle of the night to file their lawsuit, Whittemore was chosen at random to hear the case, and court clerks called him to wake him. With that, the judge set about reading the filings.
---

i love it - the entire article says "this is one fair, reasonable, wonderful judge", but the headline says "its clintons fault"
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 05:50 PM
Response to Reply #89
90. They forgot to hack into the computer that assigns judges.
Rove must be hopping mad about this.
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ender Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 05:50 PM
Response to Reply #90
92. they would need roy moore to be selected.
because thats the only jusge that i can see deciding in their favor.

not scalia.

not thomas.
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atreides1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 05:50 PM
Response to Reply #89
91. I knew this was going to happen
I read about the fact that this judge was appointed by Clinton, and I knew already that if he didn't rule in favor of the Taliban, the next story about him was going to bring up the fact that he was appointed by Clinton.
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nothingshocksmeanymore Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 05:50 PM
Response to Reply #89
93. Chosen at random my ass. They intentionally chose him so that the
showdown on Bush's judicial appointments will be energized. Frankly, it MAY have a negative effect on their intent since the public does not agree with the Talibornagains.
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 05:50 PM
Response to Reply #89
94. He's also a Republican Baptist whose church asked him not to come back
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 05:50 PM
Response to Reply #94
99. That was Greer, not this Judge. I have it on good authority from
tbo.com that this Judge is a heathen:

"Mitzi Parsons, Tampa
3/22/05 12:32:06 PM
What did we expect from a judge that I know for a fact kept Bibles out of his courtroom?
We need to take a long look at our judicial system and who is sitting in those seats. These people continuously make up the rules as they go along. We have a constitution in place people and the right to religion is one of them and the right to life is another.
As long as we allow these type of people to sit on our judicial seats, we can expect it to only get worse. No one is questioning her right to her wishes. We are stating it is inhumane to starve a person. Now let's let Dr. Kervokian have pardon. These people were able to SPEAK! What difference is there?"

Mitzi knows something...for a fact. Gotta watch who gets seats!
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POAS Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 05:50 PM
Response to Reply #94
100. What was the reason
the church gave for asking him to stay away?

Was this today or about some other matter?
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MADem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 05:50 PM
Response to Reply #89
95. They've gotta be thrilled
I don't think they forgot to hack to assign a "go-to" judge, they PLANNED it this way. They want to keep the base riled up, if the base gets an easy win, they'll get complacent, develop a sense of entitlement, and think that all they have to do is whine and get their way.

They want these Christian Soldiers to have setbacks, to develop a sense that they are battling a mighty foe, that they are the underdogs (seeing as the legislature, executive and judicial branches are all in their corner, that's a tough trick!).

And no one in the present regime wants this effort to succeed. Think of the can of worms it might open....naaah, they just want to throw some red meat to the wild dogs, to keep them barking and excited. It's working, too. Clever sods!
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xray s Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 05:50 PM
Response to Reply #89
96. This is what this is all about folks
Edited on Tue Mar-22-05 05:36 PM by xray s
The Republican party controls Florida, and they ultimately failed in their attempt to meddle in the rights of Michael Schiavo to carry out Terri's directions if she would ever be in the condition she is now in.

The Republican party is scared shitless that their psycho far right base will desert them because of this.

They desperately had to take that heat off their backs and put it on the back of the ultimate villain, Bill Clinton.

The only way to do that was shift the case to the Federal court system and hope a Clinton appointee gets the case and doesn't act before Terri dies.

Then, they will be able to claim Bill Clinton killed Terri Schaivo.

And that is just how sick these bastards are.



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sonicx Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 05:50 PM
Response to Reply #89
97. the Clenis attacks again!
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karlrschneider Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 05:50 PM
Response to Reply #89
98. Not really 'appointed'..."nominated" and CONFIRMED by GOP Senate.
:grr:
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