(The Return of) Ignatz, by Sam Heldman

Wednesday, March 23, 2005

more law
Eleventh Circuit decision here, affirming the District Court's decision in the Schiavo case. I said last night that they ought to keep it one sentence long. This opinion actually does better than that -- in terms of the merits of the legal claims, they do exactly that, but in response to a dissent they also add other discussion about the applicable procedural law and the Schiavo-specific statute that make it quite plain that the decision is correct. Good for them.

posted by sam 7:06 AM 6 comments


In this dirty life and times, it's refreshing to see the American judicial system firing on all-cylinders. The sad part, is those that support what the legislative branch did, will NEVER accept the validity of the decisions. It's not unlike the friends/family of criminals that hate the police and courts for taking away their friend/loved one.

By Anonymous Anonymous, at 3:49 PM  

I'm not seeing the text added in response to the dissents. I see one sentence, then Tjoflat's dissent, etc. What am I missing?

By Blogger t.s., at 7:19 PM  

t.s, the link to the opinion seems -- as of this afternoon -- to now go to the denial of rehearing en banc, plus Judge Tjoflat's dissent. When I wrote this post, the link went to the panel (3-judge) decision, which contains a response to the dissent of Judge Wilson, who was one of the members of that 3-judge panel. Would have been better if the Court had given each decision its own filename; maybe they have by now. Anyway, the panel decision is probably still available here.

By Blogger sam, at 7:25 PM  

Sam, did you know our good friend Iris Bennett is counsel to Mr. Schiavo? And I thought I was "fighting the right" by posting comments on DailyKos...

By Blogger Chris, at 7:39 PM  

really?! fascinating. she must be better at pulling all-nighters than I am.

By Blogger sam, at 7:46 PM  

Well, she does have a one-year-old, but he's a rock-solid sleeper.

By Blogger Chris, at 2:25 PM  

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