Hmmm, no order to replace the tube yet

[Walt Starr]

The Hearing was convened at 3:08 and the Judge said each side would have a half hour to present their sides.

That puts us about 15 minutes past the time of the Hearing and we have no emergency injunction to replace the tube.

This doesn't look good for the Schwindlers.

[TwilightZone]

1. "Schwindlers"

Very nice. Bravo. :)

[ananda]

2. bets?

I'll bet a wooden nickel that the judge will be pressured or bribed to "do the right thing." And we know what that is for both Bushes.

This whole thing makes me sick.

Anyway, I hope I'm proven wrong and there actually is a judge who is incorruptible. We'll see....


Sue

[katsy]

3. Soooooooo....

What will the fascists in congress do if the judge rules against them?

Take it to an Iraqi court?

[Dulcinea]

5. I was wondering that too.

If memory serves, both the Florida Supreme Court & the SCOTUS have refused this case without comment.

[Goldmund]

7. LMAO!!!!

[ohio_liberal]

11. Walt said in an earlier thread

that it could be sent to Atlanta 11th Circuit Court of Appeals.

[MsTryska]

34. yay!

bread and circus right outside my door!

[Tempest]

20. They'll call out the National Guard to re-insert the tube

Oh wait, the National Guard is in Iraq.

Never mind.

[Window]

31. LOL!

Good one.

[deadparrot]

4. WTF? CNN reporting

that Schiavo's parents have made their case; husband's side is underway!?

I thought only 30 minutes each...? It's been over an hour.

[goobergunch]

6. Judge is a Clinton appointee

Nominated 20 October 1999 and confirmed 24 May 2000.

[spanone]

8. You can bet that's how they will frame this....

An activist judge appointed by clinton to inject evil into our christian society.

[ultraist]

13. Walt posted the Judge's bio, he went to a "christian" law school

So, it's hard to know where he stands. Hopefully, he will not let his religious or political beliefs interfere with ruling fairly.

[janx]

27. My brother graduated from that school. He's no fundie...

Believe me...;-)

[sonicx]

10. Yes, BUT the Florida judge who has ruled against the family is...

a Republican.

[underpants]

9. I was wondering what was up

Thanks for the update. The odds were stacked against the Schindlers anyway what with justice, the facts and all.

[Walt Starr]

12. Looks like Drudge is saying the judge ordered the rube replaced

Here we go again.

The Congress is now officially injected into the appeals process, so if you have a court case that didn't go your way, file an appeal with Congress.

[Walt Starr]

14. OOPS, he took it down

and replaced it wiht "Waiting"

[sonicx]

16. Drudge needs to have his tube pulled

[Walt Starr]

18. I bet he has both contingencies prepared

and jumped the gun.

[ultraist]

15. OH me...this may be bad news (edited) n/t

[SaveElmer]

17. It's gonna happen

Better be prepared...I don't know who assigned it to this judge, but I'm sure the evil empire arranged to get it to someone they know will order it replaced again.

[Walt Starr]

19. He was a Clinton appointee

That's something.

[underpants]

24. I agree--if for no other reason but to have more time

This judge has to live there too. If they made death threats towards the husband the judge..... :scared:

[onenote]

21. the judge almost certainly will rule to restore the feeding tube

Given the standard for granting an injunction, he'd be hard pressed not to unless he was to make a ruling on the merits of the case, which I suspect he will not do. The standard for an injunction looks at four factors: (i)has the party requesting the injunction shown that there is a substantial likelihood that they will prevail on the merits; (ii) would denying the injunction produce irreparable harm; (iii) the prospect that others will be harmed by the grant of the stay; and (iv) the public interest in granting a stay.

In this instance, the fact that Schiavo will die without the restoration of the feeding tube almost guarantees that the court will grant the requested relief. That doesn't mean that after hearing the case on the merits that they can't/won't rule against the parents -- just that the court isn't going to "end" the case by ruling against them today.

onenote

[Walt Starr]

22. Unless he rules the legislation was unconstitutional

which is extremely likely given the fact that this breaks down the seperation of powers and elevates Congress to another avenue within the appeals process.

[onenote]

23. in the long run I agree, but in the short run

My bet is that he'll want more time to resolve that issue and to craft a written decision; in the meantime, he'll have little choice but to order the tube restored.

onenote

[Walt Starr]

26. We'll see

It's been almost two hours, and it doesn't take long to issue an emergency injunction.

The longer this takes, the less likely the tube will go back in.

[onenote]

28. I hope you are right n/t

[sonicx]

25. i don't think that will happen. The husband has to change the law

seperately, i think.

[Walt Starr]

29. Hearing has ended, no ruling yet

Emergency injunctions don't take very long, so if the tube is to be replaced the order should come within minutes.

[Walt Starr]

30. Reichwing Sites keep jumping the gun assuming the tube will go back in

Meanwhile, the clock is ticking, the hearing is over and no ruling yet.

[Walt Starr]

32. MSNBC Says ruling to come any moment

More than likely since it's coming this soon after the hearing, the tube is going back in.

[Walt Starr]

33. OOPS, HOLD! BACK UP ONE!

MSNBC reports the Judge has decided to not re-insert the feeding tube immediately.
5:15pm

[deadparrot]

36. Prepare for the shitstorm.

[Walt Starr]

38. YEP, the radical clerics may issue a fatwa

and order a jihad against the judge.

Keep your heads down if you're a DUer in Tampa!!!!!!

[MsTryska]

39. seriously?

the tubes not going in right now?

[Avalux]

40. Don't be so sure - NPR reports

The judge was rather hostile to the Shindler attorney - kept asking him to provide documentation replacing the tube would benefit Terri and he couldn't - didn't go 30 minutes.

The judge allowed Shiavo's attorney to speak for the full 30 minutes and at the end, the attorney requested the law be declared unconstitutional.

The judge left saying he had all the information required to make the decision but would not say where, when or how.

[ohio_liberal]

35. No immediate ruling

U.S. District Judge James Whittemore said after the two-hour hearing that he would not make an immediate ruling, and he gave no indication on when he might act on the request.

http://www.msnbc.msn.com/id/7254897/

[Walt Starr]

37. Damned unlikely the tube is going back in, then.

Man, this is keeping me on the edge of my seat!

[ohio_liberal]

42. I don't think it is either Walt

n/t

[katinmn]

41. The Repukes win with the fundies no matter what the ruling

Everyone knows that right?

If the judge doesn't order the tube reinserted, the DeLays of the world will be seen as heroes among the RW fundies for trying.

[underpants]

44. I don't think so they were demanding ACTION/RESULTS on Friday

This was on Hannity's show. They said (two callers including Randall Terry of Operation Rescue) it was time to collect for "delivery the election for President Bush". No excuses NO rhetoric.

We'll see.

[joanski01]

45. Peggy Noonan wrote an article

in the Wall Street Journal (sorry I have no link, I read it the other day) that the Fundies will be really upset because they control the Congress and the Executive Branch and they couldn't get this done.

[fishnfla]

43. I dont want to start another thread so I'll ask here:

how does this case differ from that of Karen Quinlon from way back when? What ever happened there? Any precedent?

[katinmn]

46. Karen Quinlan was a right-to-die case

Her parents had to fight to get the courts to agree to letting them remove her from a respirator.
thttp://www.bae.ncsu.edu/research/blanchard/www/465/textbook/otherprojects/2003/group1/mdeschamps/Karen%20Quinlan.html