How Appealing

Monday, March 21, 2005

“Law for Schiavo unusual, but not necessarily unconstitutional”: Jan Crawford Greenburg will have this article Tuesday in The Chicago Tribune.

Posted at 11:24 PM by Howard Bashman

“A public prayer case — on hold”: Lyle Denniston has this post online at “SCOTUSblog” concerning a case from South Carolina that I have previously reported on from time to time.

Posted at 10:55 PM by Howard Bashman

On this evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer“: In a segment whose audio you can access here (RealPlayer required), Jan Crawford Greenburg of The Chicago Tribune reports on today’s U.S. Supreme Court oral argument in the case involving the enforcement of a restraining order. Jan also discussed the return of Chief Justice William H. Rehnquist to the bench.

Another segment, meanwhile, focused on “The Case of Terri Schiavo” (link to transcript, which provides link to RealAudio).

Posted at 10:12 PM by Howard Bashman

“Rehnquist returns to bench for first time since disclosing illness”: Stephen Henderson of Knight Ridder Newspapers provides this report.

Posted at 8:12 PM by Howard Bashman

If the U.S. Congress desired a more immediate ruling to reinstate the delivery of nutrition to Terri Schiavo, Congress has only itself to blame: Section 5 of the bill that passed the U.S. Senate on Thursday of last week stated:


Upon the filing of a suit or claim under this Act, the District Court may issue a stay of any State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo pending the determination of the suit.

That stay authorization provision was eliminated from the legislation that the House and Senate passed this weekend and President Bush signed into law early this morning.

The provision of the new law that governs the granting of relief provides, in full:


After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

This may explain why the federal district judge, instead of granting an immediate injunction, has taken the case under advisement to determine the merits of the suit. Or, perhaps the trial judge has decided to rule against the parents, in which case the judge might view an immediate ruling as less important than a well-reasoned one.

Posted at 7:04 PM by Howard Bashman

On this evening’s broadcast of NPR‘s “All Things Considered“: Nina Totenberg has a segment entitled “Rehnquist Returns to Supreme Court Bench.”

The broadcast contained several segments relating to the Terri Schiavo matter: “Federal Court to Rule on Terri Schiavo“; “The Constitution and Terri Schiavo“; “Schiavo’s Previous Guardian“; and “Schiavo Case Tied to Politics and Morality.”

In addition, the broadcast contained a segment entitled “Death-Row Inmates Seek Low-IQ Exception.”

RealPlayer is required to launch these audio segments.

Posted at 5:44 PM by Howard Bashman

“Woman’s Case Against Police Heard”: David G. Savage of The Los Angeles Times provides a news update that begins, “The Supreme Court gave a skeptical hearing today to a woman’s claim that police can be sued if they fail to enforce a protective order designed to shield her and her children from her estranged husband.”

Posted at 5:40 PM by Howard Bashman

“Court declines to intervene on judicial appointment that bypassed Senate; Judicial appointments made by Bush during congressional recess are controversial, but in this case the Supreme Court lets the practice stand”: Warren Richey will have this article Tuesday in The Christian Science Monitor.

Posted at 5:25 PM by Howard Bashman

“Activist Legislators: The boundless overreaching behind Congress’ new Schiavo bill.” Dahlia Lithwick has this essay online at Slate.

Posted at 5:08 PM by Howard Bashman

BREAKING NEWS — Federal district judge in Terri Schiavo case refuses to announce immediate decision on temporary restraining order: So CBS Radio News is reporting. The trial judge has announced no timetable for a ruling.

And The Associated Press reports that “Judge Won’t Issue Decision on Schiavo Yet.”

Posted at 5:04 PM by Howard Bashman

Access online the motion for a temporary restraining order that Terri Schiavo’s parents filed this morning in the U.S. District Court for the Middle District of Florida: You can access the motion online at this link.

In his order scheduling a hearing on the motion for 3 p.m. today, U.S. District Judge James D. Whittemore faulted the parents’ lawyers for violating the local rule of procedure requiring that a memorandum of law accompany such a motion. According to the order, if such a memorandum of law was not filed by noon today, the trial court would have summarily denied the motion.

Posted at 4:14 PM by Howard Bashman

So you didn’t get to see Chief Justice William H. Rehnquist today at the U.S. Supreme Court? Thanks to The Associated Press, you can at least see the Chief (here, here, and here) as he was walking from his home to the car that would take him to the Court.

Posted at 3:38 PM by Howard Bashman

Divided three-judge Third Circuit panel rejects Fourth Amendment challenge to federal DNA Analysis Backlog Elimination Act, which mandates collection of DNA samples from prisoners, parolees, and individuals on probation and supervised release who have committed certain offenses: You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 2:10 PM by Howard Bashman

“Poll: No Role for Government in Schiavo Case; Federal Intervention in Schiavo Case Prompts Broad Public Disapproval.” ABC News has released the results of a poll today showing that “Americans broadly and strongly disapprove of federal intervention in the Terri Schiavo case, with sizable majorities saying Congress is overstepping its bounds for political gain.” You can access the entire ABC News report by clicking here. And even more details on the poll are available at this link.

Posted at 12:50 PM by Howard Bashman

On today’s broadcast of NPR‘s “Morning Edition“: In addition to plenty of Terri Schiavo-related coverage, the broadcast contained two segments featuring Nina Totenberg — “Supreme Court Examines Religion and Prison” and “High Court Hears Case on Protective Orders.”

The broadcast also featured a segment entitled “Attorney General Gonzales Warns of ‘Complacency.’” Extended excerpts from NPR’s interview with Attorney General Alberto R. Gonzales can be heard by clicking here.

RealPlayer is required to launch these audio segments.

Posted at 12:40 PM by Howard Bashman