Monday, March 21, 2005

Federal Judge Takes His Time

Judge Whittemore heard arguments in the Terri Schiavo case this afternoon but declined to rule or to set a time for a ruling. The judge wants first to address the issue of the constitutionality of the new legislation before proceeding and has asked the parents' lawyer to respond as quickly as possible to the ACLU brief on the issue. This gives the responding lawyer precious little time for painstaking work that normally consumes a lot of time. For some good insight into several of the constitutional issues, read this with all the comments.

If the judge will not thoroughly review the facts de novo (i.e., do not consider the state court's findings), the whole exercise will fail to address the root problem of a lack of confidence in the process to date.

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