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Volokh: Supremes refuse to hear Schiavo

In the end, Blogger Orin Kerr's prediction was accurate: Blogfather Volokh reports that the Supremes have refused to intervene, siding with Schiavo's husband as courts have for 15 years. Yesterday, after the 11th Circuit denied the request of Terri Schiavo's parents to reinsert her feeding tube, they appealed to the Supreme Court -- as both Norm Pattis and Kerr predicted Tuesday. But it was Kerr who expected the Supreme Court's terse refusal.

Hope Yen of The Associated Press quotes Charles Fried:

"It's totally unsurprising," said Charles Fried, a Harvard law professor and former solicitor general during the Reagan administration. "I don't know how many courts have to turn them down for the message to come across that there is no legal case."

Exactly. As tragic as the outcome of Terry Schiavo's life is, as strange as it may seem to watch Michael Schiavo be advocating for what she wants, even as he is engaged to another woman who is the parent of his child, his response brief says it all:

"That is not an exercise of legislative power, but trial by legislature," the filing said.

Don't take Schiavo's attorney's at their word -- take that of Orin Kerr, in the wake of his dust-up with commentator Hugh Hewitt -- I'll post it in a minute ...

Posted by Product Team on March 24, 2005 at 01:20 PM | Permalink | TrackBack (0)


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