Schiavo's Parents Urge Court to Act Soon

Associated Press ^ | 3/22/2005 | Vickie Chachere

[katieanna]

Warning that Terri Schiavo is "fading quickly," her parents begged a federal appeals court Tuesday to order the severely brain-damaged woman's feeding tube reinserted while they pursue claims that her rights are being violated.

[Protect the Bill of Rights]

I posted this on another thread, but it bears repeating here:

http://www.freerepublic.com/focus/my/comments

titled "Santorum: Terri Ruling Defied Congress"

".....U.S. District Court Judge James Whittemore has defied Congress by not staying Terri Schiavo's starvation execution for the time it takes him to hold a full hearing on her case, a leading Republican senator said Tuesday.

"You have judicial tyranny here," Santorum told WABC Radio in New York. "Congress passed a law that said that you had to look at this case. He simply thumbed his nose at Congress......"

---

My response was:

blah blah blah yeah yeah yeah blah blah blah

Terri's saga not withstanding, the lesson I have learned is our elected representatives are unwilling to stand up for what they truly believe in. If the majority of Congress believes what is happening to Terri is wrong, act on those beliefs.

If the majority of Congress believe Terri is passing in peace as she wanted, many citizens would not agree, but have the balls to say so.

If Santorum et al are not willing to go to the mat, why have they wasted money, time, and given a false sense of hope to Terri's parents? What they have done to Terri's parents is cruel.

They are all talk and I am disgusted.

They are as good as playing the victim as hillary.

---

I am angrier now than I was when I posted the above.

The only thing accomplished was planting a false sense of hope into a mother and a father who truly believe they are doing the right thing.

This post is not about Terri...it is about her parents and how Congress has abandoned them after doing the Congeressional strut.

I will watch this play out with interest. If the GOP cannot/willnot come through on this issue, they will never, ever come through with anything. Think they will get tough with judical appointments? No f'n way.

I am so angry right now I could spit nails. My anger is not at what may be Terri's fate...It is at our do-nothing, nutless, all talk-no action representatives.

P*ssies--every single one of them.

Rant over (Whew!)

[BigEdLB]

Here are the members of the 11th circuit...

With ages and appointing president...

Does anyone know who was chosen?


ACTIVE JUDGES

J L Edmonston, Chief Judge, 58, Reagan
Gerald B Tjoflat, 76, Ford
R Lanier Anderson, 69, Reagan
Stanley Birch, 60, Bush 41
Joel F Dubina, 58, Bush 41
Susan H Black, 62, Bush 41
Ed Carnes, 54, Bush 41
Rosemary Barkett, 66, Clinton
Frank M Hull, 57, Clinton
Stanley Marcus, 58, Clinton
Charles R Wilson, 50, Clinton
William Pryor, 43, Bush 43

SENIOR JUDGES

John Godbold, 85, LBJ
Paul H Roney, 84, Nixon
James C Hill, 81, Ford
Peter T Fay, 76, Ford
Phyllis Kravitch, 85, Carter
Emmett R Cox, 35, Reagan

[Congressman Billybob]

As a veteran of federal courts, I will go out on a limb here and predict that the 11th Circuit in Atlanta will reverse the lower court. It will order the feeding tube restored, and remand the case for trial. Here's why:

The trial court did NOT rule that the law just passed is unconstitutional, as being beyond the power of Congress. Instead the trial court accepted the law and conducted a hearing. However, that court did NOT conduct a "de novo" review, as directed by the law. Therefore the trial court did not obey the law.

This result depends, of course, on who the three members of the 11th Circuit panel are. I hope it does not include two judges appointed to that court by Bill Clinton. I do not want the following statement to become true:

Terri Schaivo died for Bill Clinton's sins.

Congressman Billybob

Latest column, "Condi Rice & Pierce Flanigan's Father's Hat"

[freecopper01]

They're hoping the alligator will get filled before he gets to them.

[Nick Danger]

Whose lawyer, and what was the blunder?

The Schindlers' lawyer. Instead of filing the opening plea of a de novo trial, he filed what was essentially an appeal of the state court ruling. His arguments all hang on alleged procedural errors by Greer.

The whole point of having a de novo trial was to get the facts re-heard, with the goal of having a different judge reach a different conclusion regarding the "fact" that Terri Schiavo's preference is to die in this circumstance, and the "fact" that Terri Schiavo is in a persistent vegetative state from which she will never recover.

Those are "facts" because Greer ruled them to be facts. But there was conflicting testimony on both issues, and another judge might reach a different conclusion if presented with the conflicting testimony. But that's not where the Schindlers' lawyer took it. He sought relief based on alleged errors by Greer, thus dragging the whole state court proceeding into what Congress intended to be a de novo proceeding.

That may turn out to be a fatal — for Terri Schiavo — error.

The Schindlers have got to get a new pleading in front of Judge Whittemore, and FAST. And this time leave Greer out of it, as Congress had intended.

Is Terri Schiavo in a persistent vegetative state? Some doctors say yes, some doctors say no. Let's have a trial, present testimony, and decide.

Was it Terri Schiavo's wish to be euthanized if rendered incapacitated? The husband says yes, the parents say no. There's nothing in writing either way. Let's have a trial, hear testimony, and decide.

That was the opportunity the Schindlers were handed by Congress and the President. An opportunity their lawyer threw right into the trash in what must be the saddest instance of gross incompetence in decades. A woman might die because of it.

[demlosers]

12 Repubs versus 6 Dims

[zip]

Are you a troll?

Need you ask? Vincentthetroll is a better nic for him.

[demlosers]

The Schindlers have got to get a new pleading in front of Judge Whittemore, and FAST. And this time leave Greer out of it, as Congress had intended.

You've got an idea?

[demlosers]

Disregard my last post to you...

[ZULU]

Perhaps some wine and vinegar on a bit of sponge offered on a reed.

I can't believe the Country is permitting this murder by Juridical fiat to proceed.

Personally, I'd like to see Jeb lock up the judge and Mr. Schiavo with no food and water until they change their minds.

[GloriaJane]

Yep.

[freecopper01]

There is an older generation of people living in Germany who are probably shaking their heads. We hung the people who advocated and succeeding in doing what the judges are now doing.

The there is also part of that older generation who are probably laugh at us in disdain.

Why? Because the older folks in this country were the people walking around like cock-of-the-walk over there, and now are so worried about their own little issue of Social Security that a woman being starved to death is nothing to them.

Goodness. What goes around does indeed come around.

[Dave S]

If the GOP cannot/willnot come through on this issue, they will never, ever come through with anything. Think they will get tough with judical appointments? No f'n way.

Not after they pissed it away on this case. Now if they take the nuclear option, the public which disagrees with you by 2:1, will accept the Dems claim that Bush is nominating a bunch of right wing wackos to please the evangelicals. If Republicans dont go nuclear or are unsucessful it will likely be because of this.

If the Republicans had done something that would have had better chance of passing constitutional muster they couldnt have gotten it through the SEnate. They had no choice but to do what they did... and it hurt them. Poll today on Wall Street Journal (not a liberal rag) shows 70% saying that passing the law for Terry will hurt the Republicans. No good deed goes unpunished.

[atruelady]

Amazing, and the sheeple who walk around not caring will remember when they are up against it.

[DBeers]

But, the Pubs, again, misread public opinion.

This is not about public opinion nor driven by public opinion. -get a clue.

[freecopper01]

They may give lip service in the name of Terri, but I very seriously doubt they will bite the nice hand of the Democratic man or woman who gives them the money.

That's why we have not seen an actual, "let's walk the street and bug the Democrats and Judges "outpouring of protest from these groups.

[Labyrinthos]

Where are the groups representing disabled people? Don't they realize that they're next?

That's because the Schiavo case is really about abortion in the eyes of the left, who often double as social workers and advocates for the handicapped. To the baby killers, this has nothing to do with a single disabled woman in Florida, but rather fear of the slippery slope -- if Congress, a court, anyone can stop a husband from killing his disabled wife, then maybe, just maybe, the same people might be able to stop a woman from killing her unborn child.

[freecopper01]

They had to weigh in their minds a possible price to be paid. Unfortunately that's what most humans do. It is a rare human who would not have to think, even for an instant about the cost.

Be grateful their out there, at all.

The judges hear them. It's like anything else. Despite what a judge might tell a jury about what to disregard, once heard, it's in the mind.

It becomes a matter of what the character of the judge really is after the black robe comes off, and he's all by himself in the darken chambers.

[demlosers]

VincenttheWhite

It's Vincent the Zot!

[freecopper01]

Clinton wouldn't have done that.

Remember: Clinton has a very well known record of abusing women and in the case of his own nominees, leaving them in the lurch.