11th Rejects Appeal

Discussion in 'Current Events' started by Annie, Mar 30, 2005.

  1. Annie
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    Annie Diamond Member

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    http://story.news.yahoo.com/news?tm...p/20050330/ap_on_re_us/brain_damaged_woman_46

     
  2. OCA
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    OCA Senior Member

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  3. Itsthetruth
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    Itsthetruth Guest

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    From the court ruling:

    "A popular epithet directed by some members of society, including some members of Congress, toward the judiciary involves the denunciation of “activist judges.” Generally, the definition of an “activist judge” is one who decides the outcome of a controversy before him according to personal conviction, even one sincerely held, as opposed to the dictates of the law as constrained by legal precedent and, ultimately, our Constitution. In resolving the Schiavo controversy it is my judgment that, despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers’ blueprint for the governance of a free people — our Constitution. Since I have sworn, as have they, to uphold and defend that Covenant, I must respectfully concur in the denial of the request for rehearing en banc. I conclude that Pub. L.109-3 (“the Act”) is unconstitutional and, therefore, this court and the district court are without jurisdiction in this case under that special Act and should refuse to exercise any jurisdiction that we may otherwise have in this case."

    You can download and read the entire decision (pdf format) at the following link:

    http://www.ca11.uscourts.gov/opinions/todaysops.php

    After you arrive at this court link go to this part of the webpage and click on "view".

    Theresa Marie Schindler Schiavo v. Michael Schiavo 05-11628 05-00530 CV-T-27-TBM 03-30-2005 REH view
     
  4. manu1959
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    manu1959 Left Coast Isolationist

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  5. Mr. P
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    Mr. P Senior Member

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    You supporters of what Congress did here should read and re-read this. The fallout will last for years!
     
  6. Itsthetruth
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    Itsthetruth Guest

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    Well, of course. The spouse should always have rights over and above those of parents, be it the husband or wife.

    Don't you support family values and the sanctity of marriage?

    Parents shouldn't be allowed to interfere with the privacy and marital rights of a married couple.
     
  7. manu1959
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    manu1959 Left Coast Isolationist

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    isn't that what i just said?
     
  8. OCA
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    OCA Senior Member

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    Lol Republicans are going to get hammered in '06.
     
  9. Annie
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    Annie Diamond Member

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    Isn't this in one form or another what has been said time after time? :confused:

    Oh I know, ITT has come to enlighten us. Gee thanks. :rolleyes:
     
  10. Itsthetruth
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    Itsthetruth Guest

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    I'm sorry if I misunderstood you. I'm glad you support the right of the spouse to make the decision in such personal matters. Some here don't. They think parents should have veto power over the wife or husband.
     

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