Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: MulhollandDrive who wrote (105405)	3/22/2005 2:59:07 PM
From: Lane3	Respond to of 793817

my understanding was that according to the legislation, ms. schiavo was to be given a de novo hearing... Not exactly. A de novo hearing in a federal court was authorized by the legislation. The legislature does not have the authority to initiate that hearing. If her team requests such a hearing, the authorization means that the federal court will schedule it. Her parents haven't yet asked for this de novo hearing. What they did, instead, was file what I think was a law suit against several parties re what occurred during the state hearings. Nothing de novo about that--same old rehash. They also filed a request for an emergency order re her feeding. The criteria for issuing an emergency order given what was requested are that there be an immediate need and that the complainant be likely to prevail with the suit. The judge determined by reviewing the materials from the stage and by questioning the parties during that two hour pleading that the parents were not likely to prevail, thus he had no basis for granting the order. I'm not a lawyer either, but I've been paying close attention and that's my understanding.