So, will Michael Shiavo be more likely to lose/win in Federal Court?

[CoffeeCat]

I listened to some of DeLay's CSPAN press conference today.

It appears that DeLay and Co will be successful in getting the Schiavo issue into the Federal Court System. In effect, this will be like starting over, and a new trial will commence in Fed Court.

How likely is it that Michael Schiavo will win in Federal Court?

Anyone know anything about the Federal judges in Fla--are they more liberal or conservative?

I also wonder how long this will drag on?

If an entirely new trial happens, that would mean that appeals would happen--no matter who won.

Does this ever end?

[Robbien]

1. Whats the matter, couldn't you find a Schiavo thread to put your comment

in? Why is another thread needed when the discussion is already going in hundreds of other threads?

[CoffeeCat]

2. I know...I know...

...whip me with a wet noodle, and send me to bed without dessert!

I didn't find a thread discussing the legal end of the Federal Court System.

This issue just won't die, will it?

[Name removed]

4. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Quixote1818]

10. Don't take it personal Robbien is on a mission attacking all Schiavo

threads. She attacked me for the same thing so I did a search and she has spent all day going from Schaivo post to Schiavo post attacking the poster and lecturing them.

[LiberalFighter]

3. Looks like 2nd District already denied hearing the case

Because they didn't have jurisdiction over it due to it being reviewed in state courts.

If I understand it if they had gone through the federal court it could had been reviewed. But even then state law may supercede the feds depending on the purpose of the case.


By the way.. Greer is a Jeb appointed registered Republican

[CoffeeCat]

5. Do you know...Could they take it to another district?

I am not an attorney and I'd like to understand what the Reps (and now some Dems) are doing.

If the 2nd District rejected hearing the case, then do they ask another District to hear the case?

DeLay made it sound as if this was a done deal...and that the Feds would hear the case and a new trial would begin. One of the senators (can't remember which one) said, "It will be like starting over now."

That's great about Greer. Not everyone is corrupt. That's hopeful.

[LiberalFighter]

6. Not absolutely sure... but 2nd District would be only court they could go

Any other District Court would not have jurisdiction in the locale.

They probably could go the next step up and they could rule that it go back to the 2nd District to take the case.


By the way... just because DeLay is a member of Congress I wonder how he a bug exterminator would know for sure that it was a done deal for federal court?

[CoffeeCat]

7. DeLay exterminated bugs?

Ok, that explains a few things. I guess he had years of on-the-job training--learning to be a cockroach.

From what I understand, they drafted some sort of legislation that Bush will sign.

I'm unclear exactly what they are doing.

Like you suggested, maybe the legislation will mandate that the Schiavo case be placed in the Federal Courts.

That will force the 2nd District to take the case.

Sounds a bit Unconstitutional to me. Then again, I'm no expert. I've never killed a bug.

[Lex]

8. I'm not sure the federal court will give Delay what he wants.

It's all a big grandstanding thing, I think.

[CoffeeCat]

9. There are two scenarios here....

Either DeLay truly wants the Federal Courts to hear this--and he knows this legislation will make that happen.

OR

Like you said, DeLay is grandstanding and he knows the Federal Courts have previously rejected the case, and they'll do so again.

If the second scenario is true--that he is grandstanding--and tilting at windmills--then he is one sick piece of scum.

I thought DeLay's biggest crime was abuse of power to get what he wanted. Now, it appears that he may know that what he wants is unattainable.

Someone else said that the 2nd Fed District has all ready rejected the case, and that the case could only be tried in the 2nd Fed District (Fla), due to jurisdiction. So, if DeLay knows that his current "legislation" will be smacked down--then he's really depraved and evil.

If all of that is true, I'm wondering why progressive senator Tom Harkin would go out on a limb for nothing--and stand with DeLay and the other Republicans?

This is crazy.

[Nikki Stone 1]

11. Tom Harkin is supporting this Schiavo bill? Why?

I can see having sympathy for the parents but he's got to know this is bullshit.

[CoffeeCat]

12. I saw Harkin on CSPAN standing next to DeLay...

...talking about how this is important legislation.

I don't want to misquote Senator Harkin, so I want to be careful about what I say. He was discussing Americans with disabilities and how it is important to address the proper care of a person who cannot speak for themselves--when there is a dispute about that care.

Harkin seemed to back up the Republican initiative and their actions in the Schiavo matter.

Harkin obviously knows this is pandering. I don't know why he would agree with the Republicans, much less stand with them and validate their evil.

I'm really at a loss.

Harkin doing this has been a really big blow for me. He's one of the true, courageous progressives in the Senate.

If our stalwarts are kow towing, what hope is there?