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March 21, 2005

A View from the Courtroom

Topics: Legal affairs

Reproduced from BaylyBlog:

Judge Whittemore in court this afternoon requested of Schindler attorney David Gibbs a response to a brief by Schiavo attorney Felos questioning the constitutionality of legislation passed last night by U.S. Congress and signed by President Bush.

Acknowledging that Terri’s life hung in the balance, Judge Whittemore said to David Gibbs that he acknowledged the "catch-22" he was being placed in, but he would like Gibbs to respond to the Felos brief before giving his ruling. Whittemore offered the U.S. attorney Zimmerman the opportunity to join Gibbs in defending the constitutionality of the congressional action. The catch-22, of course, is that Gibbs must respond quickly and yet he must develop a cogent argument. Furthermore, Whittemore indicated that he would rule in the absence of a response at some point anyway.

Gibbs arguments for a “de novo” (brand new) reveal in accord with congressional legislation hinge upon Judge Whittemore first rejecting the Felos brief that rejects the constitutionality of congressional action. Gibbs stressed in court the imminent peril to Terri’s life. Judge Whittemore recognized the pressure but said he would file electronically and when he does the attorneys will be aware.

Posted by tim at March 21, 2005 6:29 PM

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It looks terribly BLEAK for Terri seeing how Judge Whittmore is another liberal democrat, appointed by Bill Clinton. The Democratic Party have a great symbol... They all are such JACKASSES...

Posted by: Linda at March 21, 2005 6:41 PM

What does this mean? Is this a good or bad sign?

Posted by: adrienne at March 21, 2005 6:42 PM

The constitutionality principle is more important than life.

While I respect the judge's comments and concerns, that he requires this issue resolved without any sort of relief (like ice-chips!) is similar to an emergency team requiring all the paperwork to be done before life-saving measures are applied.

Psalm 82

Posted by: Chris at March 21, 2005 6:43 PM

Theresa Marie Schindler (Terri--I left out the other name out on purpose) needs ones who have the authority to get her into life giving care. Flood the President and Governor of Florida for an executive order to resume feeding Theresa Marie NOW. Call, fax, flood!

Whitehouse Comment Line: 202-456-1111

Jeb Bush, Governor
850 / 488-4441
850 / 487-0801 (fax)
Executive Office of the Governor
400 S. Monroe Street
The Capitol
Tallahassee, Florida 32399-0001

Posted by: resume feeding at March 21, 2005 6:44 PM

With Whittemore indicating he will rule in the absence of a response can be either good or bad. At this point I would give him the benefit of the doubt.

I looked this up earlier to get a handle on his worldview:

From and article in the Tampa Tribune/August 7, 2001 by Michael Fechter, Judge Whittemore said, "The Bible also contains passages pertaining to people who abuse God's words, Whittemore told Gerald Payne. ``You're going to have time to study those passages.''

The case involved a religious gifting/investment situation.

At least I find this remark to be interesting and positive.
Let's hope the judge has read Psalm 82.

Posted by: Chris at March 21, 2005 6:49 PM

Jeb needs to get off his duff and do something.

Then, he owes all of you in Florida, and those of us watching on the sidelines, an explanation of why he's been sitting on the sidelines for so long.

Until last night, I feared that this country was finished, being overrun by a (largely) unaccountable judiciary, and a bunch of congressmen that couldn't be bothered to actually do something to help any of us.

Now, I just fear that the judiciary has run amok and there doesn't seem to be any way to stop it.

Posted by: Snowy Owl at March 21, 2005 6:51 PM

Thank you Chris, I am getting more confused by the minute! I do not see this ending well for Terri or her family.

Posted by: adrienne at March 21, 2005 6:51 PM

The Lord works in mysterious ways.

It appears he has chosen Terri has his instrument. What a better signal to America of the need to put serous pressure on the congress to deal with the Democrats' obstructionism? I'm hearing that privately the Democrats' power structure are up in arms on this whole situation. On the one hand, their "base" is so nearly a "death cult" at this point that those people would actually cheer when/if Terri leaves us. On the other hand, the Dems KNOW that there are a lot of lose-lose situations out there:

1. If there is a full legal review, and it turns out that independent experts again conclude Terri is PVS, then OUR movement still has the moral superiority. We would rather err on the side of life, and give it a chance.

2. If there is a full legal review, and it turns out that Terri is NOT truly PVS, and does have some "there" there, that will be a catastrophe for all of those people screaming "kill her, kill her."

3. What's more, if the current federal Judge, a Clinton appointee either "doesn't" act, or rules tha act of congres "unconstitutional" then we need only observe that its time for a life favoring change in the senate confirmation process.

Posted by: Wilson47D at March 21, 2005 6:51 PM

This is true. All the same, I'd rather not have to sacrifice anyone in order to get folks to wake up and realize just where we're headed.

Ideally, Terri goes into the care of the Schindlers, and then folks get irate and force change.

Posted by: Snowy Owl at March 21, 2005 6:55 PM

Does anyone know where to find Judge Wittemore's web site?

Posted by: Caryn at March 21, 2005 7:02 PM

Are there a select few of us who feel Terri is being wronged? Why are all these so called congressmen and attorneys and judges not seeing that Terri's rights have been abused. I am just curious are we wrong? Are we not seeing things correctly? As a human being Wrong is Wrong in this case, the more I read up on Judge Greer the more convinced I become, but I wonder why not everyone sees it that way!? I would hope someone would fight for me the way this country has for this woman and her family.

Posted by: adrienne at March 21, 2005 7:08 PM

I realized that must sound childish and I also realize that everyone is entitled to their opinion but this is basic human needs. We take care of the weak, protect someone who cant fend for themselves. This is a human being, someone who needs our help, why are people so eager to kill her? What is Michael's motive? He is just creepy.

Posted by: adrienne at March 21, 2005 7:15 PM