Preliminary thought: The judge doubtless knew that an appeal was inevitable, however he ruled. Declining Michael Schaivo's invitation, via his attorney, to declare the Schaivo Relief Bill unconstitutional merely passes the buck to the appellate court.

The Eleventh Circuit Court of Appeals is widely regarded as the most politically conservative U.S. Circuit Court in the nation. They already have under review an appeal from the earlier denial of a federal court injunction (referred to in Judge Whittemore's ruling). There are no new facts to consider. It will be a simple enough matter for the appellate court to consolidate the latest ruling with the earlier appeal and, if they wish to do so, take up the added question of whether the Schaivo Relief bill changes anything and, if so, whether Whittemore has given the matter "de novo" consideration as that bill purports to require.

I think the whole thing is a horrifying disgrace to the media, the GOP and our country.

This is how you lose a country: whistle-ass thinking abut trivial matters while crushing problems fester unattended.

I often wonder how fragile American democracy is. Right now I'd say Very.

So, did the petitioners err in taking it to the District Court, given the Rooker-Feldman doctrine? Could they have just taken it directly to the Court of Appeals? If so, then it is yet another twist in this trajic story.

I feel sad for Terri's parents and their ilk (now ostensibly including the ex-exterminator and his Repugs, all of them badly in need acting lessons if they wish us to believe in their attempted sincerity in these matters). They just can't let go even years after the futility has become undeniable ("Futility" also being the operative word in the title of Bush's evil Texas act that would have long ago removed Terri's tube if she was in Texas and couldn't pay, even if she had made a Living Will).

The good news is the growing awareness of the need to make a Living Will. It should be considered a rite of passage into adulthood.

From Thomas J. Bico "The Day Our Democracy Ended"

"This whole episode marks the official end of America the Democracy. You have a President and party in power who will not tolerate anything occurring that is not to their liking. They are Machiavellian anarchists who have no clearly shown that if something occurs that goes against their religious beliefs, or, more accurately, if they feel they want to distract the Nation, they can issue edicts at will and thwart the entire structure the Constitutional set up of checks and balances and protection from dictatorship."

"This is simply and entirely a case of absolute abuse of power, of the GOP declaring themselves dictators free to do as they please, and of the Democrats choosing to let them do so."

"Forget the deficits, debt, unemployment, failure in Iraq etc. The road to increased GOP power over our Nation was just paved by 47 Democrats who put their own political interests above the Constitution, the Nation, and the democracy we used to have. The GOP explained what they were up to clearly in a memo: ABC News obtained talking points circulated amoung Senate Republicans explaining why they should vote to intervene in the Schiavo case. Among them: The "pro-life bse will be excited," and that it is a "great political issue and this is a tough issue for Democrats." And the Democrats showed they will cower and whimper and pander and do anything except stand up for what is right."

Disregard my question above. I guess it's because they wanted a temporary injunction.

Judith, love the Bico quote. I knew Democracy was dead in the USA in 2000 after the election. Democracy just hadn't fallen over. After this tube-feeding in Florida deal, Democracy is flat on the floor.

The tragedy, is that we have no way to fight back. No politicians to serve us, no media to investigate the truth... I couldn't even find a protest rally to go to in DC on the anniversary of the invasion! The left seems to have gone south on the war! It's all business!

larre - perhaps I've read the Pelican Brief too many times, but I couldn't help but think during this whole mess that there was a larger strategy we were missing. That you state the 11th Circuit is considered the most policially conservative appeals court only reinforces that suspicion.

What will the 11th Circuit do? If it seems likely that they'll rule to put reinsert the feeding tube, what then? What's the time frame? Does everything continue to move along at an accelerated pace, or does the case move back into the normal flow of cases before the Federal bench?

I can't help but think that forces are moving to force the Supreme Court to hear wether or not there is a Right to Die. (Yes, I know what the TS Act says, and I don't think it'll make a butt-load of difference when argued before the Courts. When the issuses become Constituional, individual application tends to get tossed out first.) And wether or not we have a different Court when this case comes before it.

Be interesting what the 11th Circuit does when they know the Supreme Court has twice turned down the opportunity to hear the case---and nothing has changed legally since then. The only thing that can begin to save American democracy in the present instance is for judges to act as the Federal District judge acted--assert judicicial independence, as though there still is separation of powers. It will be interesting to hear the right wingers copm;plain about judicial activism, now that we have a case where the judge refused to act.
Charles

I find it interesting that Charlie Crist is a respondent. Probably just an automatic inclusion, because Crist is a rightie Republican. Irony all around.

Ah - see Charles answers a question indirectly.

I think the SCOTUS is likely to hear the case finally because of the Congressional action. The bill may be been individual-specific, but that may actually be the driving force to make the Supremes hear the case.

It becomes more imperative to know if this case reamins on fast-track status if sent to the 11th Circuit. And if the courts temporarily force an injunction in order to preserve that status quo while under appeal.

If the Schaivo case is fast-tracked to the SCOTUS, it may be heard in days. If not because the feeding tube has been reconnected, we could be looking at a hearing in some months time - like in the Court's Fall or Summer session. By then, we could have a new Court, headed by Chief Justice Scalia, or another CJ of conservative clout.

If Schiavo is put back on the tube by the GOP, I hope that the Dems will go back in two years, and get a picture of the poor thing vegitating and put it in an add "Life, Republican-style".

What will the 11th Circuit do?

They will kick the case upstairs.

Seems Jeb is playing around with some legislation in Florida . Is there no end to the stupidity of the lunatic right?

It would be good to send an email of support to legislators who oppose legisalative intervention. The right wing nut-job fundamentalists are really hammering them:

Ugly messages were left with lawmakers. Sen. Nancy Argenziano, R-Dunnellon, said one letter came from a self-identified Christian who "prayed" for Argenziano to die a painful death with stomach cancer.

Sen. Rod Smith, D-Alachua, said one caller to his office said, "I'm a Christian, and I hope you will die in your own vomit."

What peachy keen christyans these people are! I will now pray for all these christyans childrenses to grow up stupid. "Oh Gah-wah-duh! Puh-lees-uh hammer these christyans with yor grrr-hate-uh an powerful-uh throbbing love. Kissing a snake in yor name. Amen-uh!" Bingo! Gah-wah-duh does answer prayers!

What a huge wedge issue for 2006. 2/3s of Americans wonder what the fuck congress is doing messing around with this. Even the fucked up evangelicals are split 50/50 over this travesty. Cool!

cupcake?

This whole thing was caused by timing. The White House needed something to get the heat off of Bush because his Social Security rip-off was/is going down in flames and the Public is telling him to take a hike on it. SO, find something to change the subject..like Schiavo. Perfect - appeals to Wingnut Base.

I am hoping that this whole thing will actually get decided on purely technical grounds. Isn't there some likelihood that the most conservative circuit court will rebuke congress for meddling in something which is clearly a state's internal affair?

The only due process which is being violated here is the due process of the Florida judicial system to decide a matter like this.

Once again the so-called conservatives show how malleable there values are. Or perhaps they are showing how scary they are by arguing that their is a higher power than the US constitution which has something to say about how our country is run.
Be afraid, be very afraid.

I think Michael Schiavo should insist on taking his wife in front of both houses of Congress for a two-hour hearing in front of each one. Let all of Congress and the whole country see what's trying to be saved. Let Delay and Frist ask her all the questions they want. Maybe she'll answer--Delay said she talks. Maybe she'll wave--Frist said she shows some signs of recognition on the tapes her parents provided. But my guess is they would all run from that spectacle even faster than they ran to her "defense."
Craven grandstanding bastards, all of them.

As everything is political with the Bushites, I'm activily wondering whether Rove wants a living or a dead symbol for Nov. 06.

As everything is political with the Bushites, I'm activily wondering whether Rove wants a living or a dead symbol for Nov. 06.

I doubt if it matters to him. Alive, and he's got kneeling Christians lined up outside her hospital room. Dead, and he's got 'em lined up in front of the tomb. Photo-op gold either way.

The Terri Schiavo case has transfixed the right wing media while attracting comparatively little attention from the left. This is discrepancy is understandable. Once you know the facts, there's very little to argue about. The case is literally a no brainer.

The Schiavo case presents no intricate medical, ethical, or legal dilemmas. Abstract Appeal's comprehensive legal chronology shows just how straightforward this case should have been. Michael Schiavo is Terri's legal guardian, the courts have determined that Terri wouldn't want a feeding tube, and Michael asked the doctors to take the tube out. That's really all there is to it.

The Terri Schiavo appeal is a vicious and lavishly-funded propaganda campaign. Terri's parents and their allies are using pseudoscience and character assassination to destroy Michael Schiavo. The right wing is eating it up.

If progressives don't counter these blatant misrepresentations now, the Terri Schiavo myths will be used against us for years to come.

The article then lists the myths being given life by the likes of Fox News. There has just got to be a special place in hell for these people. Go to:

http://majikthise.typepad.com/majikthise_/2005/03/debunking_lies_.html

CapD wrote:
"Frist said she shows some signs of recognition on the tapes her parents provided"

Speaking of cat man didn't he violate his Hippocratic oath by making a diagnosis without actually analyzing the patient?