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

To: JDN who wrote (105409)	3/22/2005 3:25:42 PM
From: Ilaine	Read Replies (1) \| Respond to of 793800

I wonder if the attorney would have been better off to merely request an injunction on withholding feeding using as his arguement he needed more time to assemble his case in light of the new law. Good argument, but unfortunately the statute requires that the judge review the merits before granting an injunction, see section 3: SEC. 3. RELIEF. After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. news.findlaw.com Maybe the argument could be -- well, your Honor, we can't wait so let's have a TRO now and give us a few days. Here's what I'd be doing: Right now, I'd be drafting a petition asking for a new trial de novo. And I'd come back with an affidavit saying that she's sinking fast, you have to act now or it will be too late, and beg for another chance.