The Florida Supreme Jerks
Posted on 10/21/2004 10:36:07 AM PDT by amdgmary
Oct 21, 12:35 PM EDT
Florida Supreme Court refuses new hearing in Schiavo
By MITCH STACY Associated Press Writer
TAMPA, Fla. (AP) -- The Florida Supreme Court on Thursday declined a request from Gov. Jeb Bush to reconsider its decision striking down a state law designed to save the life of a severely brain-damaged woman.
The state's high-court ruled 7-0 last month that Bush and state lawmakers overstepped their authority with the year-old law ordering that Terri Schiavo's feeding tube be reinserted six days after her husband had it removed so she could die.
Bush's attorney asked the court for a rehearing, which was rejected in a one-page ruling issued Thursday in Tallahassee.
Lower courts had ruled that Michael Schiavo - who says his wife never wanted to be kept alive artificially - could have the tube removed.
But the Legislature passed the law to overrule the courts, and Bush then used the law to order the tube reinserted last October after Michael Schiavo had it removed.
"We are disappointed with the ruling and are reviewing our legal options," said Jill Bratina, Bush's spokeswoman.
An attorney for Bush has said previously that he was studying the possibility of an appeal to the U.S. Supreme Court. That could stop, at least temporarily, any attempt to remove the tube.
Michael Schiavo's attorney, George Felos, said legally the Florida Supreme Court's decision clears the way for feeding tube to be removed, but he wouldn't speculate as to how soon that could happen.
"I think anyone looking at this fairly can see the governor's latest filings are only for the purposes of delay in this case, and we're glad the court has said no more delay," Felos said.
A ruling from Circuit Judge George Greer is due Friday on a request by Terri Schiavo's parents, Bob and Mary Schindler, to order a new trial to determine their daughter's wishes. Felos said Michael Schiavo planned to wait for Greer's ruling to take any action.
The Schindlers claim their daughter, who they say was a practicing Roman Catholic before her collapse 14 years ago, would not now choose to have her feeding tube removed, based on statements by Pope John Paul III in March that people in vegetative states still have the right to basic health care and nutrition.
Terri Schiavo, who lives in a Clearwater nursing home, can breathe on her own but relies on a feeding and hydration tube to live. Courts have concluded she is in a "persistent vegetative state," but maneuvering over her fate has produced a closely watched right-to-die fight.
The 40-year-old woman left no written instructions before suffering brain damage when her heart temporarily stopped beating 14 years ago. But Michael Schiavo convinced Greer in a trial in 2000 that his wife had made statements that she would never want to be kept alive artificially.
Schiavo's parents disagree with their son-in-law about her wishes, insisting their daughter wants to live and could be helped with therapy. Courts have generally sided with Michael Schiavo, who has had the tube pulled twice - in 2001 for two days and last year.
But the Schindlers won a court order that had the tube reinserted three years ago, and then got the Legislature and Bush to act last year. They've also been asking a lower court to remove Michael Schiavo as their daughter's legal guardian, but no decision has been made.
Although attorneys for Schiavo argued that Terri Schiavo's privacy rights were violated, the high court's decision last month didn't reach that legal issue after finding the law violated the fundamental doctrine of separation of powers.
"It is without question an invasion of the authority of the judicial branch for the Legislature to pass a law that allows the executive branch to interfere with the final judicial determination in a case," Chief Justice Barbara Pariente wrote last month for the court.
"That is precisely what occurred here and for that reason the Act is unconstitutional as applied to Theresa Schiavo."
But, she continued, the law also violated the separation of powers by delegating legislative power to the governor, who had complete power under the law to decide when to issue a stay and when to lift the stay.
"This absolute unfettered discretion to decide whether to issue and then when to lift a stay makes the governor's decision virtually unreviewable," Pariente wrote.
On the Net:
The Florida Supreme Court: www.flcourts.org
Terri Schindler-Schiavo Foundation: http://www.terrisfight.org
I think this one's already been posted.
Ping
The Supreme Court's logic makes absolutely no sense. They say that the legislature cannot affect a case that is pending before a court. That's ridiculous. I wonder what they'd do if the Florida legislature abolished the death penalty while a capital case was pending. Do you suppose they'd rule that it could not affect the pending case? Certainly not.
What we've got here is a court that is too big for its britches. They think that they are God.
The liberals really want to kill this woman. Either that or the judges have gone way out on a limb and don't want to admit they were wrong. Killing the helpless seems to be a major part of liberal "compassion" at work.
WE've got 4 threads on this now I think...
I pray for this woman and her family. Her husband is one of the most reprehensible people alive on the planet today.
Why doesn't he just divorce and put her fate in her parents' hands, as they have asked. Then he can go off with his long-time concubine and their kids. For this guy to pretend that he's Terry Schiavo's "husband" is a joke. He's her executioner.
I don't see how as a society we can allow this happen but there are a lot of people who see it differently. They join Michael Schiavo in the world of bottom-feeders.
The blood of an innocent woman is on their heads.
Can we kidnap her so the government can't kill her? Maybe the parents can get another country to take her in, since her life is threatened in this one. Maybe some other country values human life more than we do.
Both Florida Supreme Court Judges who ruled against Terri will be on the Nov 2nd ballot: Kenneth Ball and Raoul G. Cantero, III.
I urge all Floridians to vote them out.
Here is a link to the earliest posted, I think.
http://www.freerepublic.com/focus/f-news/1252329/posts
He certainly has no interest in prosecuting anyone for violating TONS OF GUARDIANSHIP LAWS in Terri's case or Michael for domestic violence.
There is no way around it. This must be done. The final decision in this matter will end up there also, if they take it.
We must pray and pray hard.
How depressing. I am really sick of people in power forgoing it in matters such as these. We cannot win if we do not use everything at our disposal.
This is what was e-mailed to Jeb and to a few Yahoo!Groups on the internet. Anyone interested in the Initial Guardianship Plan papers spoken of below need only reply to me privately:
There are people throughout the United States of America and the world who are aware of what is going on here. I have tried my utmost to expose the facts (evidence of which is contained on a minicd rom in the Governor's possession and in other State of Florida, County and City officials possession and the Federal level the Tampa FBI field office and the U.S. DOJ Disability Rights Section [John Wodatch]) that there is an attempt of murder (soon to be murder) on an innocent disabled person's life via substituted wishes which Greer's court (who represents an arm of the State of Florida) and ultimately the Florida Supreme Court affirmed through parroted lies of "clear and convincing". The scheme was hatched later in regards to Terri's "wishes" and the ploy to make "clear and convincing" was to have 3 people declare that Terri said certain things which was used by a judge to rule that the things were "clear and convincing" evidence that she would want to die. Of course if the wishes were true then Michael would have sought to end Terri's life back in Sept. of 1990 when the first initial Guardianship Plan was submitted (before medical malpractice suits) saying that Terri was: vegetative in many and various areas of the plan and that her prognosis for recovery was poor while at the same time stating under the Physical/Occupational/Speech therapies: "Not useful at this time" Instead a little later he tricked the court and jury that he wanted to take care of Terri (perhaps he meant kill) in a medical malpractice lawsuit and at that time was showing how he was trying to get her rehabilitation and therapy (see film "A day in the Life of Terri Schiavo") which suddenly became useful to him. The time to get a person needed therapy is as soon as possible after the "accident" of Feb. 24/25 1990. Yet in Sept. 90 as above stated in the Initial Guardianship Plan paper we are able to see through Michael's scheme. The scheme was to get money and then to later say that Terri would want to die because of course Terri's a vegetable and her prognosis is poor (see Initial Guardianship Plan paper here attached). Not only that the form says that hopefully he will be able to get her on Medicaid and Social Security, which scheme was later realized by completely draining (under Greer's sanction) Terri's care/rehabilitation fund to pay Bushnell and Felos, etc. over a number of years in efforts to have Terri killed. To be involved in someones "accident", to pretend to be helping (so no one will doubt the sincerity) them get better while at the same time stating the opposite in guardianship paperwork, "not useful at this time", shows a clear scheme that later has been used to try to extinguish the life of a innocent disabled person while actively preventing them from having their own voice. Later as above stated, 3 people by relaying things supposedly said by Terri which was flimsy statements at best and based in emotional contexts of situations were able to give the court the ability to say "Clear and convincing" in regards to her wishes (see below):
This is what they are saying is clear and convincing evidence of her wishes:
The words below inside the quotation marks are the actual words spoken
during the Jan 00 death trial. It is on the basis of these words that
Judge Greer concluded that "Terri wants to die." Remember that Terri
did not have any advanced directives, living will or anything in
regards to her wanting to be starved and dehydrated to death. Remember
also that she has been heinously denied rehab and therapy for 10+
years effectively keeping her from having a voice. This is it:
Joan Schiavo
In the context of discussing friends of Joan's who decided to remove
their year-old infant from a "ventilator machine":
"She had said that if her and Michael were ever put in that kind of a
situation that that would be a situation that she really would not
want to have to deal with, but she knows that her and Michael would
make the best decision and that would be to do the same thing my
girlfriend and her husband did because she would not want to put the
baby through anything like that." (Joan Schiavo Trial testimony
232:18-25, 1/24/00) . "Happened Maybe ‘85 or ‘86." (Id. 237:17).
"Her comments related more to what she would do as a parent for a
child. (Id. 238-17-19). They took all the tubing and everything off
the baby." (Id. 233:2-3) "We had stated that if that ever happened to
one of us, in our lifetime, we would not want to go through that.
That we would want it stated in our will we would want the tubes and
everything taken out." (Id. 233:12-16)
In the context of Joan and Terri watching a movie about a diving accident:
"No. She did not want to live like that. She didn't want to go
through that. Have people come and see her like that. Do that to her
family and friends." (Id. 234:19-22). "We had said during the time
with that movie, at one time we had said that if, that we had always
wanted stated, my husband and myself, make up a will. She would want
it stated, and myself, I would, if it came down to something like
that, we would not want any kind of life support." (Id. 236:25-237:5)
"The situation with my girlfriend's baby was when she lived here, not
in Florida." (Id. 244:17-19)
Michael Schiavo
In the context of Michael discussing a conversation with Terri about
her grandmother's death and the effect on her Uncle Fred:
"She says, 'If I ever have to be a burden to anybody, I don't want to
live like that.'" (Michael Schiavo 31:1-2; 1/24/03) "She made the
comment to me that she would never want to be like that. Don't ever
keep her alive on anything artificial." (Id. at 33: 7-8)
Scott Schiavo
In the context of the immediate aftermath of Michael's grandmother's
death. The grandmother had been on a ventilator the last few days.
Afterward, her grandchildren and spouses (including Terri) gathered at
a local country club for lunch:
"And Terri made mention at that conversation that, 'If I ever go like
that, just let me go. Don't leave me there. I don't want to be kept
alive on a machine.' Pretty much everybody at the table that was in
the discussion had made the same comment. No way I want to be kept
alive on a machine." (Scott 1/24/03 at 102:18-24) "And Terri was
sitting with us and Terri made the mention that she would never want
to be kept alive like that. You know, if it is her time to go, it's
her time to go." (Id at 106:22-25)
The question must be asked: "Why are they afraid for Terri to have her own voice?" She was attempting and was speaking short words in the past but now has been completely silenced via felony neglect, active prevention from rehabilitation/therapies, etc. United States Citizens and people from the rest of the world are watching.
P.S. This is just a mere smattering of evidence of an attempt to accomplish murder scheme. The rest of the evidence lies in various government official's hands, files, etc. on a minicd in regards to complaints that are lodged with the Florida Agency for Health Care Administration in which they are saying "Nothing wrong/case closed".
Sincerely,
Juan V Schoch
Concerned Florida Resident
United States Citizen
Prayers.
It's important to keep writing to Jeb Bush.
I keep pleading for just one judge ... as exemplified in the passage from Luke 18. The judge finally gave justice, not because of his righteousness, but because the widow kept appearing before him ... she would not quit ... he was worried that she would wear him out. Persistent ... you and so many of Terri's dear friends exemplify just that quality. May God grant her release unto her family, that she might live in love the rest of her natural life.
If nothing else were known about Terri's situation, the most glaring error, to me, is the time frame from the supposed discussion of end-of-life wishes stated by Terri, and the actual time when Michael began to make his move. Ventilators were the means of life support when Terri was silenced; tubes were means of nutrition and hydration, not even in the realm of life support at that time. How diabolical to change the means of life support from ventilator to tube. How convenient.
Heavenly Father, we return to give You thanks that You are Sovereign ... nothing will thwart Your good and perfect will. It is our continued prayer, O God, that You will open the door to the prison of this wounded woman ... that You will call her forth to life and that You will banish the ministers of death from her presence forever. Sustain her long-suffering family ... vindicate their love, Merciful Father. May their golden years be spent in the care of their injured child, so great is their love. In the Name of Jesus I pray, Amen ...
Pegita, your prayers are so beautiful. Thank you!
The Florida Supreme Jerks
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