Ah, Grandstanding!
 

I think they're stuck with the same legal arguments. He's the guardian, Florida law applies.

Ah, Grandstanding!
 

Essentially. Here is the text of the statute Burger provided yesterday. It creates standing in the federal courts -- but has no substantive provisions to create any new cause of action or change the applicable law. It talks about a trial de novo -- but expresssly states that it creates no new rights. Santorum should be ashamed to blather on like that. He's supposedly a lawyer.

So, the standards for a TRO remain unchanged -- and (despite the grave harm that can arise from denying the TRO) still require some likelihood of success on the merits wrt the same old issues. The Court decided that Plaintiffs hadn't shown a likelihood of success.

S_A_M

"For the relief of the parents of Theresa Marie Schiavo.

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

"SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO.

"The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

"SEC. 2. PROCEDURE.

"Any parent of Theresa Marie Schiavo shall have standing to bring a suit under this Act. The suit may be brought against any other person who was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo, or who may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. In such a suit, 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.

"SEC. 3. RELIEF.

"After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

"SEC. 4. TIME FOR FILING.

"Notwithstanding any other time limitation, any suit or claim under this Act shall be timely if filed within 30 days after the date of enactment of this Act.

"SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS.

"Nothing in this Act shall be construed to create substantive rights not otherwise secured by the Constitution and laws of the United States or of the several States.

"SEC. 6. NO EFFECT ON ASSISTING SUICIDE.

"Nothing in this act shall be construed to confer additional jurisdiction on any court to consider any claim related--

(1) to assisting suicide,
(2) a State law regarding assisting suicide.

"SEC. 7. NO PRECEDENT FOR FUTURE LEGISLATION.

"Nothing in this Act shall constitute a precedent with respect to future legislation, including the provision of private relief bills.

"SEC. 8. NO EFFECT ON THE PATIENT SELF-DETERMINATION ACT OF 1990.

"Nothing in this act shall affect the rights of any person under the Patient Self-Determination Act of 1990.

"SEC. 9. SENSE OF THE CONGRESS.

"It is the Sense of the Congress that the 109th Congress should consider policies regarding the status and legal rights of incapacitated individuals who are incapable of making decisions concerning the provision, withholding, or withdrawal of foods, fluid, or medical care."

Ah, Grandstanding!
 

Heh.

I'd imagine the usual high profile and/or big-firm suspects were somehow "unavailable." This case is radioactive for anyone but a true believer.

S_A_M

Alternately, if you can find it online somewhere, just copy the link and use the IMG button above, like so:


http://www.bartcop.com/press-passr.jpg

Um, where exactly IS this "Image" button? And, did Bush give this guy permission to push it?

Ah, Grandstanding!
 

looks like this has been answered already, but, yeah, and with no collateral estoppel or other precedential effect/binding nature to them.

Well, he's standing there with his hands in his pockets, so I guess we can infer consent sub silento.

Ah, Grandstanding!
 

Cool. I know that I always count it as a win when I am given permission to make a losing argument again, in a more expensive forum.

(This can't be right. They would go to these lengths, and take such a huge (and expected) PR hit simply for the sake of letting them try it out again on a fedcourt judge? I'm guessing I'm missing something here.)

Ah, Grandstanding!
 

Well, watching Santorum's dithering on the subject today, we can't help but notice that it gives the GOP the opportunity to decry activist judges. Perhaps, just perhaps, that's the endgame.

Is that too cynical, bilmore?

and history repeats itself......
 

First they came for the Communists,
and I didn’t speak up,
because I wasn’t a Communist.
Then they came for the Jews,
and I didn’t speak up,
because I wasn’t a Jew.
Then they came for the Catholics,
and I didn’t speak up,
because I was a Protestant.
Then they came for Terri Schiavo
and I didn't speak up,
because I didn't have standing,
Then they came for me,
and by that time there was no one
left to speak up for me.

and history repeats itself......
 

Then they came for the socks,
and I gave them Jesus Just Left Chicago
because I wanted them to leave me the fuck alone
and I couldn't remember the login anyhoo.

Ah, Grandstanding!
 

Don't forget Burger's excellent point that it has distracted from the war, social security, and DeLay's ethics problems. And they get to say, "I tried to save her life!!!!" because few people are going to appreciate that what they did didn't really DO anything.

Ah, Grandstanding!
 

I just wanted to see that again.

But I'll note also that what more could they do, other than what RT proposed: reinsert the feeding tube. My guess is that that would not have gotten majority support. It's classic congress--punt to the courts.

Ah, Grandstanding!
 

Look Hank, now I have a friend. You were right about that nice thing.

You forgot the second step, burger -- punt to the courts, then bitch about activist judges.

Ah, Grandstanding!
 

It has been suggested that this whole thing has been an effort to discredit the judiciary in general.

This is Good News
 

• AGHDAD, Iraq, March 22 - Ordinary Iraqis rarely strike back at the insurgents who terrorize their country. But just before noon today, a carpenter named Dhia saw a troop of masked gunmen with grenades coming towards his shop and decided he had had enough.
  
  As the gunmen emerged from their cars, Dhia and his young relatives shouldered their own AK-47's and opened fire, police and witnesses said. In the fierce gun battle that followed, three of the insurgents were killed, and the rest fled just after the police arrived. Two of Dhia's young nephews and a bystander were injured, the police said.

http://www.nytimes.com/2005/03/22/in...er=rssuserland

Ah, Grandstanding!
 

1 distract from the war? umm, no. the war is why you'll have the next three Presidents be Republicans.

2 Delay's ethics problem? If you think the entire Congress would step up to protect a leader you're nuts. they all would love to see a leader shot down so they can step up- so no.

3 Distracted from SS? you better start making more sense around here, or I'll pull the plug on the donut stand in your building's lobby.

new take on an old subject
 

Stomach seeing her? Pshaw, seeing her is a fantasy come true and seeing her depicted in a presidentiary manner, is the ultimate fantasy!

President Clinton. Ah yes, Madame President that is. The First Female POTUS!

The essence of Hillary is her womanness....womanhood...femininity. Combined of course, with her intelligence and class. She has remade herself from being Bubba's window dressing to an astute polished leader and she is absolutely lovely to boot. I look forward to watching this powerful Senator arise from the Capital Rotunda, gaining power and prestige as she glides above Pennsylvania Avenue to take charge of our nation's Oval Office. Leading, orating, pontificating, issuing executive orders of her own, etc. all the while knowing that as a lady of class and style she is sitting there with delicate black lace panties and a matching bra under that tired old pantsuit that she wears everyday.

Of course to see Hillary in those undies would be so incredible. She has me carving major wood every time I see her on TV. I remember back in the good old days of yore, watching CSPAN the night as first lady that she hosted a party at the White House. I thought I'd die she looked so damn good. She had on a gold floor-length gown and she was showing decolletage. I thought how nice the view would be under that dress - her beautiful bovine thighs covered in silky pantyhose leading to that ample ass of hers, resting in silky lace briefs.


AAaaaaaaaaaaaaaayyyyyyyyyyyyyyyoooooooooooo!!!!!!

Ah, Grandstanding!
 

Fear not.

You are not and should not be expected to see the outlines of the subtle Master Plan of the Evil Geniuses of the national GOP.

S_A_M

P.S. More seriously, whether principled effort or pandering to the hard core base, not even the Republicans in Congress were nuts enough to try to draft and pass legislation changing the substantive law on such a complex and emotional issue in a 48 hour period. This lets some say: "We did all we could."

Ah, Grandstanding!
 

Not suggesting that's the motive -- but this statement is just silly. Delay has to be far, far more wounded than he is before he loses his power over the caucus.

S_A_M

This is Good News
 

Ahem. You know the rules for this week.

and history repeats itself......
 

Yeah, but they got a big surprise,
'cause I was locked and loaded
Exercising that Second Amendment
Taking a mess of 'em with me
In Jesus' name I prayed
In Jesus' name I slayed.

Ah, Grandstanding!
 

They're letting me see some of it, now. (I didn't realize I was behind on my dues.)

There appears to be an interpretation of the bill that was passed that allows for a complete retrial of all factual issues determined by the lower court. That would be the only way I could see this bill having any effect beyond the date of the fed TRO.

and history repeats itself......
 

If you wrote this yourself, I am now seriously scared.

Ty, we're fer sure anon here, right?

and history repeats itself......
 

He's a big cuddly panda bear. How can you be scared?? They're so CUTE!

and history repeats itself......
 

Too many heavy metal records in my youth, I guess. They tend to throw the word "slay" around a lot.

Don't worry - IRL I am as gentle as a -- well, panda.

darn - beaten to it again, this time by the muse to fucktards.

and history repeats itself......
 

I changed to "muse to fucktards" since that was, I think, the original comment.

Maybe our header thingy should be "musing fucktards" . . .

Fucking Mooseturds
 

I thought it was "muse to the fucktards", but I could be wrong.

Fucking Mooseturds
 

You are correct, sir. I thought it wouldn't fit, but it does.

Can you get murderous intent into that "Oh the weather outside is frightful" song? Thanks.

Fucking Mooseturds
 

Nope, sorry, all out of rage for today. Come back tomorrow - we might be getting a new shipment in.

and history repeats itself......
 

I hope so after my ode to Hillary, after all I wouldn't want Bill and his boys finding out and kicking my ass for wanting to cuckold him!

I don't know how to upload a document and seems like too much work. It seems weird that I can post something from the Web but not from my own computer.

You can always e-mail stuff for me to upload.

Ah, Grandstanding!
 

I agree that it would "allow for" one -- though I tthink my original point still holds that the husband's side has a big edge in that they have (presumably) a better and winning record to use as a roadmap.

I disagree with Specter, et al. that the bill "requires" a new trial on the merits before Schiavo dies. If they wanted to say that, they should have just said it. There are way too many limitations in the bill for any Court to read it as a free pass to an immediate trial on the merits at warp speed -- which would essentially require the Court to ignore many Federal and Local Rules of Civil Procedure. (as well as, if the M.D. Fla, is like most others, the speedy trial rights of some federal prisoners.)

(I can just see it now -- Rule 26(f) conference, anyone?)

S_A_M

You sound kinky, do you look like Hillary?

Ah, Grandstanding!
 

I don't know - seems as soon as someone makes application for that new trial, the old result is void. A new trial usually means that the results of the first are not the default - there is a nullity until the new trial is completed. Wouoldn't that be the case here? And wouldn't anyone continuing the course ordered by the state court be wide open to lawsuit when she dies, in the absence of a new order? And, in terms of overcoming the roadmap, I can easily see five or six thousand experts lining up to testify as to how she's going to wake up on June 7th, 2010. (Lots of free publicity for anyone so testifying, no?)

Usually, I'm happy when the circus comes to town.

Ah, Grandstanding!
 

AS WE PASS 100 HOURS OF STARVATION AND DEHYDRATION ...
by Andy McCarthy, NRO

it is worth remembering that the excruciating slowness of the execution here, the incremental-ness of death, is designed by its champions to inure us to it. After the first hour, the second passes with far less fanfare, and the third less still. I've been following this closely, and I needed to remind myself today how many hours Terri Schiavo has actually been without sustenance by counting the days since Friday afternoon and multiplying by 24. How much more easily the time passes, and the world around us changes, for those following only fleetingly, or not at all.

Why should we think this is intentional? Consider, say, a month ago, before Terri's plight took center stage, if you had asked someone in the abstract: "How would you feel about starving and dehydrating a defenseless, brain-damaged woman?" The answer is easy to imagine: "Outrageous, atrocious -- something that wouldn't be done to an animal and couldn't be done to the worst convicted murderer."

But then it actually happens ... slowly. You're powerless to stop it, and ... you find your life goes on. There are kids and jobs and triumphs and tragedies and everyday just-getting-by. An atrocity becomes yet another awful thing going on in the world. After a day, or maybe two, of initial flabbergast, we're talking again about social security reform, China, North Korea, Hezbollah, etc. A woman's snail-like, gradual torture goes from savagery to just one of those sad facts of life. As is the case with other depravities once believed unthinkable, it coarsens us. We slowly, and however reluctantly, accept it. We accept it. The New York Times no doubt soon "progresses" from something like "terminating life by starvation," to "the dignity of death by starvation," to "the medical procedure that opponents refer to as starvation." And so the culture of life slides a little more. The culture of death gains a firmer foothold.

Of course, the physical needs of the body are not limited to food and water. There is also air. But no judge, even in Florida, would ever have had the nerve in Terri's case to permit "the medical procedure that opponents refer to as asphyxiation." Too crude. Too quick. Too obviously murder of a vulnerable innocent. Brazen, instant savagery might wake us from our slumber. For the culture of death, better that we sleep.
___

Shoot the bitch with a lethal injection already, why don't we.

Ah, Grandstanding!
 

I can almost guarantee that if she were on a respirator, it would have been removed. This guy knows absolutely nothing about end of life decision making and insults hospice workers everywhere who go through this every day.

Ah, Grandstanding!
 

Is negative purity possible?

Quality Control at CBSNews.com
 

Save what millions of lives? American? Cite, please. Iraqi? I don't believe you're that altruistic. And if the system isn't more important than any one given life, why should anybody be willing to lay down theirs to protect it?