Posted on 03/10/2005 12:22:56 PM PST by amdgmary
TAMPA, Fla. (AP) -- A judge ruled Thursday that the state's social services agency cannot delay the removal of the feeding tube keeping brain-damaged Terri Schiavo alive.
The Department of Children & Families had asked for a 60-day delay in the removal of the feeding tube, now scheduled March 18. The agency said it wanted time to investigate allegations of abuse and neglect by the woman's husband, Michael Schiavo.
But Circuit Judge George W. Greer ruled that the agency's attempt to get involved at this point was inappropriate and "appears to be brought for the purpose of circumventing the court's final judgment ... in violation of the separation of powers doctrine."
Michael Schiavo's attorney had criticized the last-minute attempt by DCF to get involved, saying that it was engineered by Gov. Jeb Bush and others in the state government who support the plight of her parents who are trying to keep her alive.
Advertisement
Michael Schiavo has gotten a court order to remove the feeding tube, contending that his wife told him she wouldn't want to be kept alive artificially. A 1990 heart attack cut off oxygen to her brain for five minutes, leaving her in what the court has ruled is a vegetative state with no consciousness. She breathes on her own but depends on a tube in her abdomen for food and water.
But her parents doubt she had those end-of-life wishes and are trying to block removal of the feeding tube.
The judge's ruling was another major blow to Bob and Mary Schindler, who have fought their son-in-law in court for nearly seven years over their daughter's fate. They dispute that she is in a persistent vegetative state, saying she laughs, cries, interacts with them and tries to speak when they visit her at her hospice.
The DCF said it wanted to investigate accusations against Miachel Schiavo - who is her legal guaridan - that included denying his wife some medical treatment and therapy, isolating her in her room with the blinds closed, failing to fix her broken wheelchair and failing to file timely guardianship plans.
In his order, Greer noted that those and many other allegations have been investigated in the past and failed to yield any evidence of abuse and neglect by Michael Schiavo.
Other than trying to appeal judge's decisions that have gone against them this week, the Schindlers will look again to the state Legislature and perhaps the U.S. Congress for help. Both bodies have bills in the works that lawmakers say could save Terri Schiavo's life.
In Tallahassee Wednesday, a House committee approved a bill requiring doctors to provide nutrition and hydration to incapacitated patients who didn't leave an advance directive. It still needs approval from two more committees before facing the full House.
Bush, who has said he would do anything within his power to save Terri Schiavo, supports the bill.
The governor in October 2003 pushed a law through the Legislature authorizing him to resume the woman's artificial feedings six days after the court stopped them. The law subsequently was ruled unconstitutional by the state Supreme Court.
On Tuesday, U.S. Rep. Dave Weldon and U.S. Sen. Mel Martinez, both Florida Republicans, introduced legislation in Washington that could give the Schindlers access to federal courts in the effort to save their daughter's life. Their bill requires that incapacitated people who don't leave advance directives have attorneys appointed to give the case a full review before artificial life support is terminated.
You left out the Heisenberg Certainty Principle...
He got the money and a few weeks later stopped all therapy and put a DNR in her chart. And if you believe Schiavo, I've got a bridge for sale.
As we have discussed before, the ends doesn't justify the means. I have spent hours and hours researching the facts, and none point to most of the wild speculation. Tho I *wish* Michael would just give Terri to her parents, the case has been conducted within the law. Because I have been a "Save Terri" as well, it was quite a difficult chore to face facts.
FReegards
A court advising another court that they don't have to follow the law. This from the state that tried to give us Al Gore by judicial ruling.
ROFLLLLLLL!!!
ROFLLLLLLLL!!!!
I LOVE IT!
SPOT ON!
It has all to do with the power of the judiciary over matters of life and death. The court can let in any evidence, witnesses or motions it feels it needs to move the case to the conclusion it wants. I recognize the differences between criminal and civil and Federal law and Florida law. The comparison was the extent the court will go to protect the rights and preserve the life of a murderer and not display the same scruples for this vulnerable lady who has received a death penalty from a civil court. She is being denied an unalienable right, the right to life, and the protection of that right should be the same in any court, state or federal.
;=] I was wondering if he was Schrodiner's Cat.
No, I meant the kind of statements my husband has made to me. I meant my father, who I knew my whole life, and knew he would be mortified at having someone else bathe him and change his diapers. But that's how his life ended up, until he died in hospice shortly after refusing food. Like that.
I would like to teach him this little ditty:
Beware
those who
know not
and who
know not
that they
know not.
And remind him of this again:
He got PART of that right...seperation of powers means that the Judicial system is NOT the means of last resort. If the Legislature or Executive of a particular state decides that a judges ruling is in violation of the Constitution they have an obligation to overrule it by passing a new law, or refusing to enforce the ruling, respectively.
Hey----GOOD IDEA......how about the ROOT of your name? That is a GREAT IDEA! Wanna find it?
Please link the transcripts. Thanks
hired guns? The attorney? The priest? The nurses? Who are the hired guns on the other side that say Terri is PVS AND HAVE ACTUALLY SEEN HER?
What ever you MEANT-- You made my case...
Thank you...
You keep saying this. Do you know anything about guardianship laws in Fla? When Schiavo was given guardianship, he was supposed to take a course to be taught proper proceedure. He never did. If you don't take the course, you are replaced. He never was. Every 6 months, you have to file papers regarding care such as normal tests, dental care etc. He hasn't filed them in years.
NO, DCA said he was within the law.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.