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.
>>the separation of powers doctrine
You're RIGHT. Greer is going to regret flaunting THAT one!
It works both ways!
Greer obviously believes that all 3 branches of government were created EQUAL....
Except that HIS branch is MORE equal than others.
Greer thinks the judicial branch trumps the other two; unfortunately, while that is NOT a fact, it sure has been a long-standing "tradition." How often has the other two branches used their equal powers?
Food and water
And he DID this, working with Michael, so that they could make Terri's SO CALLED WISH to not be on any kind of life support FIT HER CONDITION!
Before...giving sustanence was considered regular maintenence...not medical interference....I guess infants are on life support too, and Parkison patients who cannot lift their spoons, annd I suppose that means stroke victems, etc too!
Heck....we are ALL on LIFE SUPPORT......right now, mine is a little melted Brie.
Food is artificial life support!
We must make CERTAIN that none of us engage in using it....felos might appear at our door.
P.S. IS A STRAW AN ARTIFICIAL LIFE SUPPORT MECHANISM?
Yep, Torie sometimes changes his mind. Not that often really, but it happens.
LOL! I've seen the play.
Judicial godhood run amok. Ok.
Is it unfair to ask your husband to write down on a piece of paper that he wants his food AND WATER stopped?
Dr. William Hammesfahr says her movements are not reflexive but a respnse to stimuli. Did you examine her also?
Cool! I'm with you, no dynasties. He's a good man, and so are you, but enough is enough. Get her the hell out of there.
My grandmother was rushed from her nursing home to ER today. They called my mother and told her they didn't think she would make it through the night. when she got to the Hospital they pumped 2 quarts of fluid in her...
it appears she was DEHYDRATED! Can you imagine!?
By Judge Greers standards- I guess it is no fault of theirs. No one told them she needed LIFE SUPPORT!
We still don't know if she is going to pull through this-- but she is doing MUCH BETTER! Just a little water...
This is false. The law demands a guradian ad litem if even an "appearance of conflict" is seen.
Two kids and a common law wife would seem to fit that description.
Best experts!!! LOL Have you seen the other side of the coin?
OOOPS my above post was for you!
Reassure me that she will not suffer when she spends weeks dying NOT of starvation, but by dehydration.
What about those who say Michael's doing it to avoid prison?
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.