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Politics : Politics for Pros- moderated

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To: Ilaine who wrote (105383)	3/22/2005 1:42:02 PM
From: MulhollandDrive	Read Replies (2) of 793800

Congress can give a trial court jurisdiction to hear a case, which is another matter entirely. exactly what they did they gave the federal court jurisdiction in this case.... and the federal judge held a hearing and decided based on the 2 hour hearing the family would not prevail and therefore would not order the reinsertion of the feeding tube...which of course could make any further appeals moot should the plaintiff's daughter die. i'm guessing the mistake made by the schindler's attorney was arguing on the assumption that the restraining order would be passed, knowing that their daughter is in the death process while the de novo hearing would proceed...and assumed (wrongly) that the judge would order the reinsertion of the feeding tube so that the de novo case could proceed and terri not expire before all the legal remedies were exhausted i think the judge's decision is a cynical mockery of justice time after time we have seen procedural appeals upheld but never has there been (to my knowledge) a substantive due process hearing...this judge has just followed the same path of procedural due process appeals and denials

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