I Will Continue to Continue, to Pretend.... Message Board

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Politics : I Will Continue to Continue, to Pretend....

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To: Sully- who wrote (9065)	4/24/2005 8:09:55 PM
From: Sully-	of 35834

My Position on the Courts and Terri Schiavo javascript:doLoadf(52,7783765,1120260) Filed under: Schiavo Government— Patterico @ 12:03 pm Recently, someone rarely acquainted with the truth accused me of disagreeing with every lawyer in the country about the Schiavo case. Rather than debate the issue with him, I thought I’d make my position clear here. First, as regards the initial (pre-Congressional involvement) litigation, I have expressed serious doubts regarding the soundness of the factfinding done by the probate judge – in particular on the topic of Terri Schiavo’s wishes. I have documented one specific and crucial error he made in the factfinding process. Even putting that aside, I just don’t see how the quality of the evidence presented to the probate judge rises to the level of “clear and convincing” – especially given the conflicts of interest Michael Schiavo had. The state appellate judges simply deferred to the probate judge on that issue, as appellate courts generally do. As regards the law passed by Congress, I believe that the federal courts were wrong not to re-insert the tube while they considered a constitutional argument that I believe to be strong. I have explained at length my reasons that I believe the courts got it wrong. I am joined in this view by two judges from the 11th Circuit, including a highly respected judge named Gerald Tjoflat. I may also be joined in that view by several Supreme Court Justices, since the Court’s decision not to grant certiorari indicates nothing about the Justices’ view of the merits. My views on the Schiavo case are well-documented. Any honest person who disagrees with my legal analysis of the federal courts’ rulings is welcome to weigh in on the relevant thread (linked above), which has garnered almost 200 comments so far – not one of which has raised a convincing argument that my analysis is wrong. I’m still waiting . . . patterico.com patterico.com patterico.com

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