Florida Pilot

A compendium of random thoughts from a former Washington Beltway insider who is now having a lot more fun flying small airplanes in Central Florida.

Monday, March 21, 2005

Stupid tricks that might now work

Although the Congress passed a private bill in haste and with total regard of any sort of conscience in an attempt to deprive Terri Shiavo of the right to have her last wishes honored, they left the actual dirty work to the Federal judiciary. Given that the state case has dragged on for seven years and the new law offers an opportunity to completely review all of the facts that had already been adjudicated, the Congress must have fully expected the new law to just cause more delay.

But that strategy might not be working too well. To issue an injunction or temporary restraining order, a judge must make a finding that the moving party would have a substantial likelihood of ultimately prevailing. In this case, although the Federal courts would not be abiding by the decisions previously handed down by Florida state courts (although how knows about all of the appeals into Federal courts which have been rejected), they would have to consider the same set of facts which strongly favor Terrii's rights over those of her parents to control her.

But rewarming over the same old arguments that have been rejected before looks like it isn't going to work. "But the judge told Gibbs that he was not completely sold on the argument. 'I think you'd be hard-pressed to convince me that you have a substantial likelihood' of the parents' lawsuit succeeding, said Whittemore, nominated by former President Clinton in 1999. " (I'm not sure what Clinton has to do with this as Hillary certainly did nothing to stop Terri's parents from interfering with her rights).

So what is next for the Schinders and their scheming allies. Perhaps a writ of mandamus demanding that the court rule in their favor. Perhaps a bit more editing of those tapes that have of Terri to show her speaking and asking President Bush personally for help.




1 Comments:

At 9:09 AM, Blogger MP said...

Well, the republicans may have hurt themselves with all of their recent shenanigans, but as you mentioned earlier, the democrats are not saying anything either way, just sitting back hoping the republicans hang themselves without their having to take a stand.

So I'm not sure the democrats have really won any favor from me by their actions here. It seems like everyone is behaving grossly and no one is looking out for Teri. I do wish there was a way for this to end that did not involve starving and dehydration, however. We really do treat our pets better in this country in this regard. I would never leave my cat to suffer like this.

 

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