Why Terri's Law wll be declared unconstitutional

[Walt Starr]

I understand this source is a reichwing blog, however, the information is what's important and the implications are huge:

http://timbayly.worldmagblog.com/timbayly/

Judge Whittemore in court this afternoon requested of Schindler attorney David Gibbs a response to a brief by Schiavo attorney Felos questioning the constitutionality of legislation passed last night by U.S. Congress and signed by President Bush.

Acknowledging that Terri’s life hangs in the balance, Judge Whittemore said to Gibbs that he acknowledged the “catch-22” he was being placed in, but he would like Gibbs to respond to the Felos brief before giving his ruling. Whittemore offered U.S. attorney Zimmerman the opportunity to join Gibbs in defending the constitutionality of the congressional action, but refused to require the justice department to defend the legislation.

The "catch-22," of course, is that while Gibbs must respond quickly because of the threat of death Terri faces, he must develop a cogent argument. Making Gibbs's job harder yet, Whittemore indicated that he would rule in the absence of a response at some point anyway.

<snip>

Whittmore has set this thing up to be a declaration that Terri's Law is unconstitutional. By not requiring the U.S. attorney to defend the legislation, he guarantees an appeal for Bush.

Keep in mind, if this law is declared unconstitutional, the 11th circuit court of appeals might not even consider reinsertion of the feeding tube as the Schindlers cannot petition for it. They have exhausted all of their means of appeal in this case. Only the Executive Branch can appeal and they may not have standing to request reinsertion of the tube (big legal question).

Whittmore might very well be setting this thing up to end here and now, with only a question of constitutionality on the specific legislation open for appeal. If we do not see a ruling by tomorrow, expect a declaration that the law is unconstitutional possibly as late as a week from now.

[Walt Starr]

1. .

[Horse with no Name]

2. I heard on the talking TV box tonight

and I can't tell you who said it...sorry...but they suggested that Jeb Bush just take custody of Terri with his executive power (since President Bush said we should err on the side of life) and just put the tube back in.
That is what I fear this group of cowboys are going to do.

[GreenPoet64]

3. What exactly does this mean?

"Only the Executive Branch can appeal and they may not have standing to request reinsertion of the tube (big legal question)."

Let's say the law is declared unconstitutional--does this mean the only appeal can be made by * himself?

[janx]

4. I wish we could get some more information about what happened

in that courtroom.