Posted on 03/21/2005 2:45:19 PM PST by AntiGuv
PINELLAS PARK, Fla. (AP) -- Armed with a new law rushed through Congress over the weekend, the attorney for Terri Schiavo's parents pleaded with a judge Monday to order the brain-damaged woman's feeding tube reinserted.
U.S. District Judge James Whittemore did not immediately make a ruling after the two-hour hearing, and he gave no indication on when he might act on the request.
The hearing came three days after the feeding tube was removed. Doctors have said Schiavo could survive one to two weeks without the tube.
During the hearing, David Gibbs, an attorney for the parents, said that forcing Terri Schiavo to die by starvation and dehydration would be "a mortal sin" under her Roman Catholic beliefs.
"It is a complete violation to her rights and to her religious liberty, to force her in a position of refusing nutrition," Gibbs told Whittemore.
But the judge told Gibbs that he still wasn't completely sold on the argument. "I think you'd be hard-pressed to convince me that you have a substantial likelihood" of the parents' lawsuit succeeding, the judge said.
George Felos, one of the attorneys for husband Michael Schiavo, told Whittemore that the case has been aired thoroughly in state courts and that forcing the 41-year-old severely brain damaged woman to endure another re-insertion of the tube would violate her civil rights.
"Every possible issue has been raised and re-raised, litigated and re-litigated," Felos said. "It's the elongation of these proceedings that have violated Mrs. Schiavo's due process rights."
Terri Schiavo's feeding tube was removed at 1:45 p.m. Friday, the third such time she had begun what Felos described as "her dying process." On both previous occasions, the tube was re-inserted by court order.
The judge's go-slow attitude speaks volumes.
Clinton judges are death judges (for the innocent and defenseless).
You are decent human being. The "death democrats" and this Clinton-appointed judge are not good people.
They are in fact very, very BAD people. This is why "activist judges" and the democrat party must be annihilated.
You are decent human being. The "death democrats" and this Clinton-appointed judge are not good people.
They are in fact very, very BAD people. This is why "activist judges" and the democrat party must be annihilated.
That appears to be what he says.
THAT SAID.... I believe he's just a scared poopless of what evil and corruption will be shown in the light of an honest examination.
Remember, he's down there, in the slime pit. I believe he know's only too well who's dirty. And I think it's not just Greer and Felos and MS... I think there's a lot of people behind the scenes at this point hiding in fear, hoping Terri dies.
I am totally against this bill primarily because I disagree on principle with situational "non-precedent" policy du jour (judicial or legislative). If they have a constitutional authority to intervene and a moral imperative to do so, then the bill should've been universal (applying to all comparable scenarios).
So, I think this bill should be struck down, but during the interim, I think it's inexcusable that the judge would not rule to instantly ensure Terri Schiavo's well-being for the duration of the appeals process. If it were up to me I would've ruled immediately.
Hopefully this will be a short delay and the injunction will be forthcoming; I think the parents' lawyer should file with the 11th Circuit ASAP.
He's a Democrat.
Being called bloodthirsty and a member of the Death Cult is a little harsh, too. But that hasn't stopped anyone from calling those of us who oppose this action these names and more.
I'm inclined to agree...the mid-term elections in 2006 could prove to be very interesting if Terri is murdered.
It's a Clinton judge. I think he's just going to twiddle his thumbs until she dies and then say he regrets he didn't have enough time to make render a decision before it became moot.
Why didn't we get another judge than this injuman jerk?
No appeal, but certainly a petition for a writ of mandamus. It will be filed in the 11th circuit tomorrow afternoon, unless the judge has ordered the feeding tube reinserted by them. The judge is "dead" wrong on this one.
"Face it, if he doesn't agree with you, he's going to be pilloried."
Being pilloried should be the least of his worries, if Terri dies.
The guy is an expert in the field. It was very compelling. This MD who was nominated for a Nobel said that Terri is as alive as you and I and has the ability to eat and can..repeat ...can be retrained to talk! He said she does have purposeful movement and already attempts communication.
He said she can eat and the only reason she has a tube in is because of a judicial ruling. Other neurologists that testified in the case only saw her for 45 minutes!!! Not enough time to make a diagnosis according to this MD.
Her constitutional rights have clearly been violated.
Liberals, bitting off their noses to spite their faces.
It's easy.
If someone does not believe in a God who will judge them one day then anything is possible.
No right. No wrong.
Just what they want. Literally.
It was a private bill because of the press of time. One must make do with what one is presented with.
Yes, I know. He'll have blood on his hands.
Blame Congress...
U.S. Code
TITLE 42 - The Public Health and Welfare
CHAPTER 138 - ASSISTED SUICIDE FUNDING RESTRICTION
§ 14401. Findings and purpose
(a) Findings Congress finds the following:
(1) The Federal Government provides financial support for the provision of and payment for health care services, as well as for advocacy activities to protect the rights of individuals.
(2) Assisted suicide, euthanasia, and mercy killing have been criminal offenses throughout the United States and, under current law, it would be unlawful to provide services in support of such illegal activities.
(3) Because of recent legal developments, it may become lawful in areas of the United States to furnish services in support of such activities.
(4) Congress is not providing Federal financial assistance in support of assisted suicide, euthanasia, and mercy killing and intends that Federal funds not be used to promote such activities.
(b) Purpose It is the principal purpose of this chapter to continue current Federal policy by providing explicitly that Federal funds may not be used to pay for items and services (including assistance) the purpose of which is to cause (or assist in causing) the suicide, euthanasia, or mercy killing of any individual.
§ 14402. Restriction on use of Federal funds under health care programs
(a) Restriction on Federal funding of health care services Subject to subsection (b) of this section, no funds appropriated by Congress for the purpose of paying (directly or indirectly) for the provision of health care services may be used
(1) to provide any health care item or service furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing;
(2) to pay (directly, through payment of Federal financial participation or other matching payment, or otherwise) for such an item or service, including payment of expenses relating to such an item or service; or
(3) to pay (in whole or in part) for health benefit coverage that includes any coverage of such an item or service or of any expenses relating to such an item or service.
(b) Construction and treatment of certain services Nothing in subsection (a) of this section, or in any other provision of this chapter (or in any amendment made by this chapter), shall be construed to apply to or to affect any limitation relating to
(1) the withholding or withdrawing of medical treatment or medical care;
(2) the withholding or withdrawing of nutrition or hydration;
(3) abortion; or
(4) the use of an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason.
Could you have thought of something more idiotic than that, because obviously the president has no constitutional authority to dispatch troops to stop lawful activity that no court ruling or act of Congress has attempted to stop. Let's stay on the subject at hand and it doesn't include the use of troops. Oy.
ya think????.....don't you just hate it when libs use that kind of emotional arguement instead of reasoned truth...didn't know you could mind read?
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