03/22/2005: A Ruling...
This is a case of "heartwrenching proportions" on all sides. But it also appears to be an issue of a bad case making bad laws. Here is one called The Midnight Coup from the LA Times.
And just about every other newspaper has an article or commentary on this and the decision of the US District Judge James Whittemore on the latest appeal.
The real issue, and paraphrasing that tired old cliche, is Whether they can make a Federal Case out of this issue. And what would be the legal basis and implications if they can.
The Judge, in answering this tough, emotionally laden legal matter, has decided
"...the 41-year-old woman's parents had not established a "substantial likelihood of success" at trial on the merits of their arguments....The judge said Ms. Schiavo's "life and liberty interests" had been protected by Florida courts, and despite "these difficult and time strained circumstances" the court was constrained "to apply the law to the issue before it.""
The NY Times had this wonderfully written editorial about this separation of State and Federal powers which is worth a read on this topic too.
Karen on 03.22.05 @ 06:46 AM CST