Judge picked for Shiavo case

[Walt Starr]

Story here:

http://www.miami.com/mld/miamiherald/news/breaking_news...

Background on judge here:

http://air.fjc.gov/servlet/tGetInfo?jid=2872

Whittemore, James D.
Born 1952 in Walterboro, SC

Federal Judicial Service:
U. S. District Court, Middle District of Florida
Nominated by William J. Clinton on October 20, 1999, to a new seat created by 113 Stat. 1501; Confirmed by the Senate on May 24, 2000, and received commission on May 25, 2000.

Education:
University of Florida, B.S.B.A, 1974

Stetson University College of Law, J.D., 1977

Professional Career:
Private practice, FL, 1977
Assistant federal public defender, Office of Federal Public Defender, 1978-1981
Private practice, FL, 1981-1990
Judge, Thirteenth Judicial Circuit Court, Florida, 1990-2000


Race or Ethnicity: White

Gender: Male

[Tandalayo_Scheisskopf]

1. I hope that Judge...

Is in the process of hitching up his braces. He's gonna need it.

[Danmel]

2. I hope they're gonna give him bodyguards

Becuase if he doesn't decide to re insert her tube, I bet he might be the next federal judge to face gunfire. These people are absolutely crazy in their zeal in respect to this case. I hope that he will be kept secure and safe because if I were a Federal Judge, I wouldn't want to have this case. I also noticed he is a Clinton appointee.

[underpants]

3. The Today show said he was "appointed by Clinton"

Not PRESIDENT Clinton just Clinton. They also forgot to mention that he was nominated by PRESIDENT Clinton but ratified by a Republican Senate.

[Mr_Spock]

10. That's OK 'cause "Bush" is often not considered a president anyway

We don't need to respect our leaders anymore - thanks to "Bush"

[AzDar]

4. Ah! there's the rub...When this man does his job, and tosses this

nonsense out...it'll be CLINTON'S fault!!

[bunkerbuster1]

5. the CLENIS made 'em remove the tube!

Ok, I'm prepared for Karl's next talking point.

[Carni]

20. Yep! You got it!

This way bushit can say "I tried" and it'll be all the commie Klinton lovers faults.

[underpants]

22. As I have said before I don't think the fundies will settle for that

Two of them made that very clear on Hannity's show on Friday. Throughout the weekend Fox was clearly trying to calm everyone down but I don't think it will work (we may not see it out in public) it's payback time and they want this NOW! No excuses no rhetoric.

[Carni]

25. You may be right!

I expect quite the spectacle leading up to Easter.

The media should be hung for the way they have framed her condition...they even had me snowed up until recently.

They certainly aren't mentioning the truth about those brain scans!

[underpants]

26. Oh I forgot about "Holy Week"

Mentioned in this Hannity thread (mine) on Friday. Almost verbatim.

http://www.democraticunderground.com/discuss/duboard.ph...

[Name removed]

33. Deleted message

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

[ultraist]

40. "Terri survived her passion weekend."

Heard that on Faux news, some Repuke said it. Yes, they are playing up the "Holy week" and using as much religious speak they can squeeze in. It's disgusting.

This whole charade is shameful. Using this poor woman to force their religion into our laws. Making it an urgent, life or death matter that must be rushed through on a weekend with no forethought. Sickening. The dirtiest of dirty tricks. Putting Dems in the position of appearing like cold hearted killers if they stand up for the Constitution. How snaky.

[bunkerbuster1]

55. Well, we knew after "Christmas Under Siege," these evil ratf*ckers

would play the Christ card again for the next Holy day.

And they have.

[ultraist]

56. Our gov has become a full blown Theocracy

It was Delay that made that comment, "Terri survived her passion weekend." Every chance they get they are injecting their religion into our government.

[underpants]

7. Yep

see the post above

[Freddie Stubbs]

37. Yet the judge was confirmed by a Republican Senate

[mohinoaklawnillinois]

6. Can I ask a question? Why was this judge in the federal courthouse

in Tampa FL at 3:00 AM this morning to receive the brief from Terri's parents lawyer.

This information was reported by Kerry Sanders from NBC on the Today Show this morning.

And yes, Sanders did mention that Judge Whittemore was appointed by Clinton.

I guess if Judge Whittemore rules against the parents, the cry will be the Clenis did it.

[GiovanniC]

15. They're Open 24 by 7... Like a 7-11

[Walt Starr]

16. The Freakers are already primed to blame the Magical Wonder Clenis

http://www.freerepublic.com/focus/f-news/1367109/posts

[GiovanniC]

17. "Did the Congressional Bill order the Judge to have it re-inserted?"

Jesus, it's not bad enough for them that Congress stuck its nose where it didn't belong... they also wanted Congress to make the court's decision FOR it.

"You will review the Schiavo case and you will rule the way we tell you to."

[underpants]

19. Ohh new catchphrase "Deathocrat" -2 references in first 50 posts

I love the typo in the first one.

What a shame, the case has gone to another Deathocrat. I am far less hoeful after learning which President appointed this judge.
14 posted on 03/21/2005 6:31:32 AM PST by Wiser now

Oh, geez. A Clinton judge? Keep praying, people. The innocent must be protected!!!!
Good greif! How do the Deathocrats keep getting these 'lucky' random judge selections?
Does anyone review the process by which these judges get picked for critical cases like this one?
This smells like high grade fertilizer.
20 posted on 03/21/2005 6:38:24 AM PST by JFK_Lib

[in_cog_ni_to]

8. This was "by design"

NOW they can blame the Dems....Clinton appointed him. WHO picked this judge? I see where this is going. Maybe, just maybe this one a "deal" the Dems struck if they passed the Schiavo Bill? We'll pass this bill if we appoint a Clinton appointee? If so, not very smart on their part.. They would have been better off just standing with the FL. REPUBLICAN Judge's decision and let the REPUKES take the heat. This isn't going to be good if rules against the tube going back in. IMCPO

[Walt Starr]

9. A Republican Senate confirmed him

at a time when they were blocking Clinton Judicial nominees.

and when a case comes before a circuit court, the judge assignment is determined fairly randomly.

[ohio_liberal]

11. Looks like it's going to..

...go down in Tampa.

[Toots]

12. How is a judge selected, isn't it random?

I am not up to snuff on how a judge gets picked to sit on a case. Are they on a sort of docket and next one up gets the case or can the Congress have a say in it?

[Walt Starr]

13. It's random

Hopefully this circus will be over later today when the law is struck down as unconstitutional.

[deadparrot]

43. I can only pray.

Let this woman be at rest. It has been a decade and a half this poor soul has been held hostage by a liquefied brain and reflexes that she has no control over.

[w4rma]

14. Yes. Lottery. (nt)

[Walt Starr]

18. Hearing set for 3PM

Hopefully, this will be declared unconsitutional so this thing can finally be put to rest.

[underpants]

23. I would expect an injunction

The judge was a "one inch brief" (as MSM said) to read through and something like 19 cases to get up to speed on.

I expect there to be an injunction and the tube to be reinserted again.

I think "injuction" is the right word there.

[Walt Starr]

24. First thing he has to consider is the constitutionality of the legislation

If the legislation is unconstitutional, which it is, he overturns the law immediatley and there is no reason to review the case.

[ohio_liberal]

27. OK, so if the federal district judge

throws it out as unconstitutional, what's next on the Republican agenda? Anyone care guess?

[Walt Starr]

29. The case will be appealed to the Atlanta 11th Circuit Court of Appeals

The Atlanta 11th Circuit Court of Appeals would be the next stop for the Schwindlers. A three judge panel would be appointed, but it would be unlikely they would hold the legislation constitutional if a lower court had already thrown it out. I don't think many judges are willing to allow the United States Congress to insert itself in the appeals process when all of these courts have already heard the appeals.

[underpants]

31. If they do that would be a huge precident to set, no?

I mean if they let the Congress get away with this the precident goes from here on out, right? Or since this is a "one time only" law it would only apply to this case.

[Walt Starr]

34. Yep, if the courts allow this to stand it becomes precedent for every

court case ever fought to be appealed citing this case as precedent for everybody getting a second chance with a completely new fresh look at everything.

[ohio_liberal]

36. ...

I don't think many judges are willing to allow the United States Congress to insert itself in the appeals process when all of these courts have already heard the appeals.

I certainly hope not, but who knows anymore.

[underpants]

30. Court of appeals? The US SC already said No-right?

[Walt Starr]

32. That was last week before this legislation passed

The legislation specifically sets this up to be reviewed as a new case. If a judge reviews it, the judge then agrees that Congress is now part of the appeals process and sets up thousands of similar appeals.

It will be appealed, but not by the Schwindlers. The Solicitor General has to appeal.

[underpants]

28. Okay-not a lawyer here but.....

I would guess (not a lawyer) that he will just put everything on hold (reset) and take his time.

I could be wrong he could just dump it for the reasons you posted in which case look out the fundies will storm the castle.

[AP]

21. Clinton nominated a lot of former public defenders to the bench.

[Heidi]

35. This sounds like a good sign to me:

Assistant federal public defender, Office of Federal Public Defender, 1978-1981

[Mz Pip]

38. Could this judge

just rule that the case has no merit and be done with it at 12:05?

Mz Pip

[Walt Starr]

39. Yes, but such a ruling on merit that quickly would be unlikely

It's more likely the legislation passed in the middle of the night will be ruled unconstitutional.

[Mz Pip]

42. This worries me on many levels

This could drag out even longer which creeps me out.

I am also concerned that even those who have Living Wills could go through the same thing if someone decides to make an issue out of it. The whole sanctity of life issue could outweigh any individuals personal and legal rights.

I don't think these people care about the rights of the individual. A Living Will won't stop them if they decide to "save" someone from making what they think is a wrong decision.

Mz Pip

[Walt Starr]

45. But that's the whole point of this!

The radical clerics and their religiously insane jihadist followers WANT LIVING WILLS OUTLAWED!

That was the point of this thing from the beginning!

[Mz Pip]

47. So who is going to

pay for all this "life support"? The Federal Government? Bush will surely have to raise taxes to keep everyone who is on life support hooked up indefinitely.

Just because we can do something doesn't mean we should. Yeah, we can keep people "alive" indefinitely but should we? We all have to die sometime. FOr all their "Faith" in a glorious afterlife it amazes me that they are so determined to keep people from getting there.

Mz Pip

[Walt Starr]

48. That's where Bush's Texas law becomes the model

So long as there is money to siphon from a family, the animated corpse must be kept animated. Once the cash runs out, pull the plug via orders from teh doctors.

[Mz Pip]

52. Terri has no money

I read somewhere she's on Medicare. So if she's entitled to be kept alive using tax dollars then so should everyone else.

Why should life support be denied on the basis of who can pay? If we're talking about a culture of life then access to unlimited life support must be guarrantteed for all regardless of their ability to pay.

Do these crack pots really want to go there? I doubt they can really see the long term ramifications not just in terms of emotional costs to families but financial costs to the state.

I can't wait for someone in Texas to file a lawsuit demanding the sate pick up the tab for keeping their brain dead family member alive. They could use the Schiavo case as precident.

Mz Pip

[Walt Starr]

54. What she has is better than money to the Repukes

She's political fodder and that makes her more valuable than money.

[BronxBoy]

61. Walt....

are there any implications for this law affecting anything besides living will and right to die issues?

[Grins]

41. Stetson U. Law School grad - here's your answer!

"Stetson University has affirmed the importance of spiritual life and the quest for truth in its educational mission. The University motto, Pro Deo et Veritate (“For God and Truth”), is a symbol of this commitment, and expresses our determination to integrate the pursuit of a liberal education with the search for meaning in our lives and communities. Chartered as an independent and comprehensive university, Stetson has had an historical relationship with the Christian community and Baptist denomination. That relationship has shaped our commitment...."

I could be wrong, but....?
<http://www.stetson.edu/about/values.php >

[ultraist]

44. I think Stetson is a lower tiered law school too

When I lived in FL, only those who couldn't get into a real law school, went to Stetson. It is a private, religious law school.

[RuleofLaw]

59. Stetson Lawschool

As a grad from Stetson Law school (LL.M Intl. Law and Business) and current Student (J.D.) i can only say that you could not be more wrong about Stetson.

I was happy to see the the Judge is a Stetson Grad.

The school is small but has for the last 5- 8 years ranked in the top five of all law schools (regardless of size) in trial advocacy. Professionalism and ethics are highly important values of the teaching. As for the Christian aspect I have no idea what you're talking about. I have never experienced anything that would tell me the school has a certain religious leaning.

However, I can tell you the school is on the forefront of elder law, and law of disabled persons and several professors have been very critical of the actions of Governor Bush and the legislature.

The school frequently host discussions on highly controversial topics view all viewpoints allowed, such as torture, abortion, the Schiavo case and terrorism.

As for the ease to get into Stetson it might have to do with the fact that it is expensive to attend, compared to the state schools (UF and FSU) therefore those schools will have a higher standard due to the larger number of people applying.

[ohio_liberal]

46. Oh my

Now I'm scared

[Walt Starr]

49. Don't be, Judge George W. Greer who was the last presiding judge

is a Republican and was a member of the Souther Baptist Chruch until just a couple of days ago.

[ohio_liberal]

50. Just a couple of days ago?

Was he excommunicated already?

I know, I'm feeling a little too emotional about this.

[ohio_liberal]

51. The only thing that makes me smile

is that Freeper heads are going to explode over the words "liberal education"

[nickfaldo7]

53. culture of life

Is the "culture of life" that Delay and Shrub are creating the same one that exists in Texas--where they can't execute 'em fast enough?

[ultraist]

57. "culture of life" applies only to white "Christians"

It's ok to pull the plug on a 6 month old black baby with dwarfism, in Texas, against the parent's wishes, like they did a few weeks ago, but it's not ok to pull the plug on Terri, who has no cerebral cortex and no improvement in 15 years.

It's selective. "Brown skinned" people don't qualify for the "culture of life." Mass murdering them in Iraq or allowing people of color here at home die due to lack of medical care or adequate food is ok.

Get your rules straight!

[janx]

62. My brother graduated from Stetson...

and he's NO fundie!

[underpants]

58. **Heads up! Watch for a data dump today***

I am going to post this on all the Schiavo threads.

With a lot of DC up late last night (including reporters) this is a prime chance to pull Rove/W's old "Data dump" when everyone goes home early or are watching the court in Tampa.

[RuleofLaw]

60. Hearing set for today at 3:00 pm

http://www.flmd.uscourts.gov /


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