Intermarkets' Privacy Policy

Donate to Ace of Spades HQ!

Recent Entries
Absent Friends
Bandersnatch 2024
GnuBreed 2024
Captain Hate 2023
moon_over_vermont 2023
westminsterdogshow 2023
Ann Wilson(Empire1) 2022
Dave In Texas 2022
Jesse in D.C. 2022
OregonMuse 2022
redc1c4 2021
Tami 2021
Chavez the Hugo 2020
Ibguy 2020
Rickl 2019
Joffen 2014
AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published. Contact OrangeEnt for info:
maildrop62 at proton dot me
Cutting The Cord And Email Security
Moron Meet-Ups

« Funny Because It's True: The Questions the Press Really Wants to Ask | Main | ..But Score One For French Judges: Soros Conviction Upheld »
March 24, 2005

Terri-- A Glimmer of Hope?

I think the "Glimmer of Hope" headline of this story has been undermined by unfolding events-- there's very little that can be done now; the Florida legislature won't act, and every court has rejected appeals on Terri's behalf-- but at least Andrew McCarthy is documenting the judicial travesty:

Judge Wilson, a former United States attorney in Florida whom President Clinton appointed to the Eleventh Circuit in 1999, disagreed — intensely. Principally, he seized on a new issue — not considered below by Judge Whittemore, but now raised by both the Schindlers and the Bush Justice Department under Attorney General Alberto Gonzales, who intervened by filing a supportive “Statement of Interest” with the court. That issue is the All Writs Act (28 U.S.C. Sec. 1651).

This act is a special power of courts to issue orders in aid of their own jurisdiction. As Judge Wilson explained, the authority of a court to command that an action (such as the reinsertion of Terri’s feeding tube) be taken under the All Writs Act is significantly different in its purpose from an order having the same effect but issued as a preliminary injunction. In the latter case, the injunction is for the benefit of the litigant, who is thus called on to satisfy the test that requires a demonstration of probable success on the merits. To the contrary, the All Writs Act is for the protection and integrity of proceedings before the public’s courts. It does not allow courts to create jurisdiction, but it does empower them to preserve the jurisdiction they already have by staying the hand of outsiders whose actions could prevent the court from considering issues and bringing litigation to a natural, rather than a forced, conclusion.

Most of the judges of the 11th Circuit ignored this, of course. Perhaps, as Kevin Pollack said, they were absent on the day they taught law at law school.

Several commenters here have noted that "many judges" have reviewed this case. But it must be borne in mind that those "many judges" all showed the same deference to Judge Greer's original rulings that the federal courts did here-- despite the fact that the act passed by Congress, and signed by President Bush, specifically and unabiguously authorized a de novo (i.e., new, without any deference to previous rulings) of the case for any possible constitutional violations.

So, to say that "many judges" have reviewed this is misleading. Even when authorized to do a complete de novo review, they balk and simply affirm Judge Greer's earlier findings, stating that there's no evidence Greer "abused his discretion" or the like.

digg this
posted by Ace at 01:25 PM

| Access Comments

Recent Comments
Skip: "G'Day everyone I'd rather go back to bed ..."

Puddleglum, cheer up for the worst is yet to come: "Mornin' ..."

Just Wondering : "Birdbath status? ..."

Jamaica: "Nood Pixy ..."

Jamaica: "First! ..."

Skip: "First morning in long time I didn't make anything ..."

Skip: "I should have been watching the RNC, will tomorrow ..."

Puddleglum, cheer up for the worst is yet to come: "No Tech Thread? Checked Pixy's site and it's not u ..."

Skip: "None last night Miley, they are not every day Th ..."

Miley, okravangelist: "Hey Skip, where's my Bad Blue tweets for today? ..."

Miley, okravangelist: "Check Amazon. I think you can buy one for about $1 ..."

JQ: "Sleeeeepy... Good night, all. ..."

Recent Entries

Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64