Life, liberty and the pursuit of ending medical care

Pardon the lawyer in me, but having been directed to the Order denying the application for a TRO in the Schiavo case, I can't resist a little (rusty) legal analysis of it. I've already heard, on BBC, that the judge ignored the Act passed by Congress in making this ruling. That statement was clearly made without the burden of having read this Order:

This court has carefully considered the Act [giving this Court jurisdiction] and is mindful of Congress' intent that Plaintiffs have an opportunity to litigate any deprivation of Theresa Schiavo's federal rights. The Court is likewise mindful of Congress' directive that a de novo [that is, start "from scratch"] determination be made "notwithstanding any prior State court determination." In resolving Plaintiffs' Motion for Temporary Restraining Order, however, the court is limited to a consideration of the constitutional and statutory deprivations alleged by Plaintiffs in their Complaint and motion. Because Plaintiffs urge due process violations are premised primarily on the procedures followed and orders entered by Judge Greer in his official capacity as the presiding judge in the dispute between Michael Schiavo and Plaintiffs, their Complaint necessarily requires a consideration of the procedural history of the state court case to determine whether there is a showing of any due process violations. On the face of these pleadings, Plaintiffs have asserted five constitutional and statutory claims. To obtain temporary injunctive relief, they must show a substantial likelihood of success on at least one claim.

In plainer English: the parents based their claims on the actions of the Florida court, so the U.S. District court has no choice but to consider those actions in reaching a decision on the TRO application. Congress tried to set this up as a slow-pitch softball, but the lawyers for the plaintiffs whiffed it.

This judge is reminding us we have a government of laws, not of men. Expect to hear that notion tacitly ridiculed in the days ahead.

This Order goes on for 13 pages, and takes apart all of the challenges raised by the parents, including the one that the Florida court has somehow impaired Terri Schiavo's exercise of her religion. The problem is, as the court points out, only state actors can be barred from so acting, and Michael Schiavo is not acting on behalf of the state {i.e., any government). And since Judge Greer is not a party to this case, the court cannot rule on that issue.