Schiavo 11th Circuit U.S. Court of Appeals Decision

U.S. Court of Appeals for the 11th Circuit ^ | 03/23/2005 | U.S. Court of Appeals for the 11th Circuit

[shhrubbery!]

The Schindlers' attorney refused to conduct one

How do you know this?

I find it impossible to believe that the Schindlers' attorney "refused to conduct" a de novo hearing. That would make absolutely no sense at all. (And the lawyers aren't in a position to "conduct" anything, anyway. They merely present, and the court conducts, as I understand it.)

If you meant to say that the Schindlers' attorney failed on a technical point, and didn't frame the pleading correctly, then that's plausible.

You may not think highly of the skills of the Schindlers' attorneys, but they're not absolute idiots.

Nor would they do anything so obviously counter to the interests of their clients.

[Trust but Verify]

Do you know why an MRI has not been done?

[AmericanInTokyo]

Although for the wrong reasons, when push comes to shove, state governors have stood up to the feds.

In 1963 George C. Wallace took a stand at the University of Alabama on a hot issue. Attorney General Bobby Kennedy worked hand and glove with his BROTHER in the White House to effect change and take ACTION. The national guard was sent in an federalized to stop Governor Wallace. The two brothers' ploy worked.

What's Gov. Bush gonna do? Go to the hospice, make his statement, then proceed inside with state troopers to remove Terri, and then worry about his BROTHER sending in federal troops to stop him and reclaim her?

These TWO BROTHERS better do something soon, for they and they alone are the final line of defense to save this girl (if the USSC does what I think they will do). It's worth a failed attempt at impeachment by the Party of Death Democrats against the President, which they cannot even have the numbers to get in the Senate. If ever there were a single issue with which IMPEACHMENT were a badge of honor, left for the ages (as opposed to lying under oath about Adultery: Clinton) then this may be IT.

[fatima]

So what should they do now?

[Wallace T.]

It will not only look bad for the Bush family, but for Republicans generally. Both the Florida legislature and the U.S. Congress are controlled by Republicans, yet neither body has taken any effective action. In the case of the Florida State Senate, several RINOs are the reason legislation reattaching the feeding tubes did not pass.

Despite my misgivings about the GOP and the RINOs and blowhards in its ranks, I have worked within the political system. If Terri Schiavo dies, I will likely cease my interest in political matters. The Republican Party will have failed, the Democrats are worse, and the political structure is overwhelmingly stacked against third parties.

[Wallace T.]

To carry the Kennedy analogy a step further, this could either be the Bush brothers' profile in courage, or their Chappaquiddick.

[Melas]

1) I wonder what would happen if you went to visit Terri with the Secret Service in tow and decided to take her to a safe haven aboard Air Force One. I don't think any Florida law enforcement personnel (God Bless Them) would stand in your way. This may be the only remaining hope.

I know you mean well, but you just advocated that the President of the United States commit several felonies on both the state and federal level. Kidnapping and transporting a kidnap victim across state lines carries the death penalty. I know you truly mean well, but you have to think these through. More and posts on this subject are nothing more than mindless venting.

[Archon of the East]

Ok fine I meant a PET scan...A contraindication with implants and MRI

[AmericanInTokyo]

A Political "Chappaquidick"

A Moral/Ethical "Profile in Courage"

(perhaps?)

[AmericanInTokyo]

Whatever one thinks, in the overall CULTURAL WAR, i.e. the war between Good and Evil, between Life and Death, between Morality and Convenience, this is indeed, it's:

IWO JIMA

[ksen]

They did all they could under the Constititution. IF they did as you say, send marshalls or the national guard, have you considered the consequences?

The consequences would be to remind the judicial branch that there are two other EQUAL branches of government out there.

The people are against her right to Live. They'd demand she be turned back over to Michael. They'd demand impeachment if this didn't occur. The President and many of these people would be removed during a period when we are at war, the country torn in two and Terri would be returned to Michael at the end to be killed.

We don't do what's right because some bad things MIGHT occur?

And we don't believe polls around here during election time, why start now?

[The Spirit Of Allegiance]

"The only guy with any principle and the tenactiy to understand the facts is Sean Hannity. His unmasking of Dr Death last night should be required viewing for every judge who has heard an appeal in this case. It was simply devastating."

Didn't hear any of that info. Would you please post any highlights for my/our benefit? Thanks.

[The Spirit Of Allegiance]

"in the overall CULTURAL WAR, i.e. the war between Good and Evil, between Life and Death, between Morality and Convenience, this is indeed, it's:

IWO JIMA"


YOU GOT THAT RIGHT!

[fatima]

I just now read the story of Iwo Jima .

[dit_xi]

"They will walk away from a mountain of legal documents and say they did everything they possibly could to save Terri. When all they really had to do was feed her."

Well said! Ironic isn't it?

[Antoninus]

Legalist bullsh!t to justify starving a woman to death. There is a deep and palpable moral rot in the judiciary. We'd probably be better off if all these courts were made up of citizens chosen at random as compared to these ghouls.

[Antoninus]

Executive Nullification is LONG overdue on these courts.

Agreed. At present, we have a system of judicial nullification that the Founding Fathers never intended. It's time for an elected representative of the people--who exercises legitimate power--to slap these renegade courts back into their place.

This outrage is the last straw for me. Pull the courts' feeding tube!

[Wallace T.]

The only tribunal that can lawfully try a sitting President is the U.S. Senate, if the President is impeached by the U.S. House of Representatives. Federal marshals and the FBI are under the command of Attorney General Albert Gonzales. The armed forces of the United States are under the command of Defense Secretary Donald Rumsfeld. Any Federal court that attempted to issue a warrant could no more do so than Chief Justices Marshall and Taney could have done so against Presidents Jackson and Lincoln, respectively, if the Attorney General denies them the use of US Marshals or other Federal LEOs. As for Judge Greer, he might attempt to extradite President Bush to Florida. He could also attempt to command the waves in the Gulf of Mexico to stop, with the same effect.

If there is any mindlessness in this thread, it is in the assumption that the executive and legislative branches of the government must unrelentingly kowtow to the tyrants of the judicial branch.

FWIW, this should be a state issue, not a Federal one. Governor Jeb Bush of Florida has all the power he needs under his state's constitution to send in state troopers to rescue Terri Schiavo and to have state social service officials assure she receive good medical care. However, he has run to his big brother in Washington rather than to do the right thing.

If this be treason against the judicial tyrants, make the most of it.

[Matchett-PI]

I was outta your boat after my #138. I don't do more than a couple of laps with one-armed boat-rowers. Sorry.

[Aliska]

I think the first question and only question should be is Terri a PVS case?(persistent vegetative state ).If she is not than this is murder.

Legally, perhaps. Morally I could argue the point. But won't this morning. I haven't thought it through enough yet.