MSNBC has Text of Schiavo Court Ruling - Judge James D. Whittemore has decided to wash his hands of the responsibility of allowing a dying woman a drink of water. Hope the people of Florida remember this day. - Mixed in the legalese is this (Italics mine):
Prying1 sez:
The purpose of a temporary restraining order, like a preliminary injunction, is to protect against irreparable injury and preserve the status quo until the district court renders a meaningful decision on the merits. Canal Auth. of State of Florida v. Callaway, 489 F.2d 567, 572 (5th Cir. 1974). A district court may grant a preliminary injunction only if the moving party shows that:
(1) it has a substantial likelihood of success on the merits;
Judge Whitmore the gypsy seer knows what the next court day will bring?
(2) irreparable injury will be suffered unless the injunction issues;
You go without water for 4 days and see how you feel.
(3) the threatened injury to the movant outweighs whatever damage the proposed injunction may cause the opposing party;
I guess death is not threatening unless the judge means threatened injury to Michael Schiavo...
and
(4) if issued, the injunction would not be adverse to the public interest.
So it would be adverse to the public interest if Terri Schiavo lives?
What really disgusts me about this judge is his going into hiding for so long to pretend to be deliberating. He held up the Schiavo's going to the next step for what? So Terri could suffer a bit more? So he could sit behind the curtains and build up suspense as Houdini would do?
This judge needs to be shown the light. That is the light outside the court building. I'm certain all that was said and done was above board and legitimate. It certainly does follow the letter of the law but leaves the spirit in the gutter!
Check Hugh Hewitts Blog on this issue.
Great post Paul and a timely reminder!
ReplyDeleteGBYAY
These are the things that the foreigner finds most incomprehensible about American society - that strange desire to invest everything in a legal system that can only be flawed since it is human. Terri Schiavo's plight is just one example of this tendency. In the meantime, Scott Peterson is found guilty of two crimes, the murders of his wife and unborn child while the powers that be apparently see nothing wrong with murdering thousands of unborn children when performed in abortion clinics. As much as I love America, I have to admit that its legal system stinks...
ReplyDeleteBloated bureaucracies always stink. It really is time to whittle down the excess size of this government in all branches and departments but it will never happen. Those who should be fired first have surrounded themselves with a cushion of flunkies that would be the first to go.
ReplyDeleteVery interesting!
ReplyDeleteYou want her soul to be trapped for more years on earth?
Very strange, why would you want to keep her soul from returning to your GoD?
The Republicans are using this as another religious dilemma, you either want her to live (good) or die (bad) when that is not the case, more then 20 doctors have said the same thing, she has no brain activity.
Sorry!
tracyv
Tracy V - perhaps you miss the point. Our government is killing this woman. It is not that she is going to die naturally. She is not dying of a terrible disease. She is not on life support with machines doing her breathing for her. She is not in constant pain such as might be experienced by a cancer patient. - She is being killed by heresay evidence given 7 years and one lawsuit after she first suffered her brain damage.
ReplyDeleteAnd starvation/dehydration is not a nice way to go. Try it.