Different River

”You can never step in the same river twice.” –Heraclitus

March 22, 2005

Federal judge denies feeding

Filed under: — Different River @ 9:06 am

The federal judge hearing the Schiavo case has denied a request for an emergency injunction to re-insert the feeding tube, saying that the parents had not established a “substantial likelihood of success” at trial on the merits of their arguments.

I don’t know if they can appeal this ruling, since the judge still hasn’t held a trial. My guess: The judge is trying to run out the clock, hoping Terri will die before (a) he has to make a final decision and (b) his decision can be appealed and reversed. If he delays a final decision until she dies, then he won’t be reversed because the appeal will be moot. Federal judges are notorious for going to all sorts of lengths to prevent their decisions from being reversed. It’s a matter of professional pride for them, like athletic records.

It’s possible I’m wrong and that the pre-trial denial of an emergency injunction could be reversed. I certainly hope so.

UPDATE (3/22/05) 11:35am ET: Fortunately, I was wrong. The denial of the temporary injunction has been appealed to the 11th Circuit Court of Appeals in Atlanta.

2 Responses to “Federal judge denies feeding”

  1. Joe Runyon Says:

    It seems to me that this is a situation of a person with a mental handicap.
    On a sliding scale…at what point is the life of a mentally handicapped person to be rendered worthless by someone else?
    And just who has the right to make that determination?
    Some on the left would declare that if we do not agree with them, then we are mentally handicapped! Didn’t Dean call us “Brain-dead”???

  2. La Shawn Barber’s Corner Says:

    PDF copy of Judge Whittmore’s ruling.

    There are a few points I want to touch on today.

    It should be understood that Congress has the authority to rem…

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