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Tuesday, March 22, 2005

District Court Judge Denies TRO in Schiavo Case

Marty Lederman

Judge Whittemore has denied Theresa Schiavo's parents' motion for a TRO. The Judge assumes arguendo that the statute is constitutional, and finds irreparable harm if the injunction is not granted, but quite understandably concludes that the parents have not demonstrated any likelihood of success on the merits of their federal claims.

Comments:

The First Amendment claim is meritless, but the Smith case and evidence of Terry Schiavo's desires had nothing to do with Judge Whittemore's ruling. The defendants are Michael Schiavo, the hospice where Terry receives care, and Judge Greer. Because only the government can violate First Amendment rights, the claims against Michael and the hospice were ruled unlikely to succeed. The fact that Judge Greer ruled in their favor did not make their actions government actions.
 

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