NO SURPRISES UNDER COVER OF DARKNESS

As expected, the House followed the lead of their Senate brethren shortly after midnight and passed the comprimise bill which allows Terri Schiavo's case to be heard by a Federal court. President Bush sign it into law a couple of hours later. Before now, the only way that this family dispute --- which has been fought out in the state courts for seven years --- could be heard at the federal level is by a writ of habeus corpus by a district court (rejected twice already, most recently Thursday) or if the Supreme Court of the United States agreed to hear it directly (they have not).

Professor Froomkin at Discouse.net makes an interesting point, asking why Senate Democrats (I would ask, for that matter, the House Dems) didn't bother adding a rider(s) to the bill:

Say, a requirement that the CIA not use any methods of torture abroad that would be cruel and unusual punishment at home? Or anything else that ought, in principle, to be uncontroversial but would cause Rovian heartburn? Why just roll over without charging a price for quick action?

Now all eyes will be on the U.S. District Court for the Middle District of Florida in Tampa today (click on the "Notable Cases" link on the left centre of the page to read last Thursday's denial order and possibly newer actions), as attorneys will be blanketing motions and requests there today.

UPDATE: 5:15 PM --- Federal District Judge James Whittemore heard arguments in the case today, giving each side's attorneys a half hour to present their case. He has adjourned the session without making a decision.

Whittemore was a Clinton appointee to the Federal bench in 1999 and confirmed the next year. A graduate of the Stetson University School of Law in 1977, he worked for a small St. Petersburg law firm before joining the newly created federal public defender's office. He returned to private practice in 1981, and nine years later was appointed to the 13th Judicial Circuit in Tampa. Judge Whittemore served as a circuit judge until his confirmation to the federal bench.

The most notable case I have found that he has been involved in since he's been on the Federal bench is sentencing Rev. Henry Lyons' former aide/lover/publicist for the National Baptist Convention USA Bernice Edwards to nine months in prison three years ago for violating the terms of her probation.

The Web page for the U.S. District Court Middle District of Florida does not include a biography for Judge Whittemore.