Patterico's Pontifications

3/25/2005

Second Federal Case Goes Nowhere

Filed under: Schiavo — Patterico @ 6:36 am



The Schindlers’ second try in federal court failed. The judge’s order is here.

I don’t envy the judge’s having to pull an all-nighter on this one.

UPDATE: A quick read of the opinion, which is all I have time for, reveals no obvious mistakes in logic. I am interested in some of the issues raised, and may look at them more closely when I have time.

I can only marvel at the difference between the speed with which this matter was handled, and the plodding way that death penalty cases move through the federal courts. Doesn’t it seem like there is some imbalance there? Even when a Death Row inmate raises clearly implausible claims, they are never disposed of in a week.

5 Responses to “Second Federal Case Goes Nowhere”

  1. […] ring as to claims Six through Ten. (My initial posts on Judge Whitemore’s order are here and here.) The panel decision of the 11th Circuit affirming the de […]

    Patterico's Pontifications » A Legal Argument Why the Federal Courts Should Have Granted the Schiavo Injunction (0c6a63)

  2. ” A quick read of the opinion, which is all I have time for, reveals no obvious mistakes in logic.”

    He does appear to turn substantive due process into procedural. Maybe it was improperly plead/argued? Maybe because ideological lawyers don’t want to or aren’t comfortable with or aren’t conversant in substantive due process?

    actus (e137d7)

  3. Am I (and maybe actus?) the only one who thinks the Schindlers don’t have the best legal representation? It seems that as the courts have consistently ruled against them, maybe they’re taking the wrong approach…but then I’m no lawyer.
    I think it’s sickening that Terri will likely die because of procedural issues. And how is it that Greer has been upheld in his order that she not be allowed attempts at spoon-feeding, even ice chips? The whole thing is an absolute travesty. ::sigh::

    Beth (4c11b6)

  4. “‘The plain language of the Fourteenth Amendment contemplates that a person can be deprived of life so long as due process of law is provided,’ Whittemore wrote.”

    Conservatives have said that for a long time. This is the first time the liberals have resorted to “the plain language.” See T + 7

    pbswatcher (1f2eac)

  5. ” This is the first time the liberals have resorted to “the plain language”

    whittemore is a registered republican.

    actus (e137d7)


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