Wednesday, March 30, 2005

11th Circuit Senses Legislative Scrutiny

The 11th Circuit Court of Appeals in Atlanta has shown a bit of humility in allowing a review of the FACTS rather than only the proceedural law in the Schiavo case. One can only surmise that they are sensing the heat of ignoring the law passed by Congress and are attempting to appear judicious and thorough. In all liklihood, by the time they make a decision, it will be moot.

PINELLAS PARK, Fla. (AP) -- In a rare legal victory for Terri Schiavo's parents, a federal appeals court agreed to consider an emergency motion requesting a new hearing on whether to reconnect their severely brain-damaged daughter's feeding tube.

The 11th U.S. Circuit Court of Appeals in Atlanta issued a written order without comment late Tuesday allowing Bob and Mary Schindler to file the appeal, even though the court had set a March 26 deadline for doing so.

The request for a new hearing also asks to have the tube reinserted immediately "in light of the magnitude of what is at stake and the urgency of the action required."

The courts have essentially thumbed their noses at Congress and some fallout from this is inevitable. In my humble opinion this is just a standard cover their butt move. On the other hand maybe it was the influence of think?

Update: As predictable as Howard Dean sticking his foot in his mouth again and the sun rising tommorrow AM, the 11th Circuit denied Terri Schavio's bid to have her feeding tube reconnected. As if they had any intention of seriously deliberating the matter let alone granting the motion........sigh

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