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

[Wallace T.]

FWIW, I am a Calvinistic Baptist, and do not regard myself as bound by the ecclesiastical authority of the Catholic Church. One of the mottoes of the Reformation was that God alone is the lord of conscience, and not the officials of a temporal church. The Reformers also believed that Scripture alone was the only reliable and infallible guide to the conscience.

However, the teachings of the Catholic Church in this matter agree with Scripture. Any Christian, Catholic or not, who is confronted with the problem Jeb Bush faces should deal effectively to save Terri Schiavo's life. Furthermore, since the importance of preserving life is just a matter of common decency, any man who believes he is moral, of whatever faith, should be as compelled to do the same as a Christian.

This is not following the dictates of a religious leader living in Italy. This is following the dictates of one's conscience guided by Scripture or the rules of decency and compassion for others.

[D-fendr]

he was also the only activist judge on the panel, trying to rewrite the law

The law's purpose and intent is a new trial and that Terri be alive for it's outcome. I think the dissenting judge's opinion was good, not rewriting.

[Robert Drobot]

No. However, they can remand a review of statute/case law to a lower court.

[antiRepublicrat]

This is not following the dictates of a religious leader living in Italy.

Then why do we care what the Pope says?

[antiRepublicrat]

The law's purpose and intent is a new trial a

The majority addressed that.

[longtermmemmory]

The MSM has been rolling out and attorney who worked for reagan by the name of Fein who as a "republican" attacking the efforts to stop the death.

What most people forget is that the career bureacrats are still predominate in the government offices. The only way they could get their jobs in the days of democrat party dominance was to be left leaning. It will take decades to get them out via attrician and retirement.

What the MSM is doing now is push polls asking one question but reporting a different question when reporting the results.

[longtermmemmory]

I think they went en banc because Kennedy is a certain "dead end".

So much for the law mandating denovo review, the feds have just applied an "abuse of discretion" standard.

[D-fendr]

The majority addressed that.

And basically ruled that the law did not intend her to be kept alive for a new trial. I disagree with them and agree with the dissent opinion that this was the intent of the law. So, again, I don't think the dissenter was the activist interpreting the law according to their desired outcome. I think this more accurately describes the majority.

[longtermmemmory]

I wonder if the 11th orders the trial judge to order the feeding tube and then the trial judge drags his feet.

[antiRepublicrat]

And basically ruled that the law did not intend her to be kept alive for a new trial.

No, he basically ruled that their arguments for injunctive relief failed under current law, which was not affected by the newly-passed law.

I disagree with them and agree with the dissent opinion that this was the intent of the law

The majority opinion specifically shot that one down. The dissenting judge was being activist.

[antiRepublicrat]

So much for the law mandating denovo review,

They got it. He newly reviewed the legal arguments brought forth in their filing. He found them lacking. The law could have said "shall grant injunctive relief," but they pulled that part from the law.

Now we just wait for the full 11th to prove me wrong (hopefully).

[Havoc]

The Legislature is owned by the Corporations, the Police won't
uphold the laws, The judges are writing the laws instead of interpreting them. This is not America. This is a farce. Bout time for a Constitutional Convention or a Sucessionist's meeting.

[D-fendr]

No, he basically ruled that their arguments for injunctive relief failed under current law, which was not affected by the newly-passed law.

And they quoted Frist on this. Even the quote where he says he would of course expect the court to do so though the law left it to their discretion.

The intent is clear, the faith in the court to do right was the error. Obviously if you write a law to give someone a new trail and that person is starving to death, the right thing to do is keep them alive for the trial.

No amount of legalism can obscure that fact. You can't split the two: "Give her a new trial, but let her die before we determine if she should die - at your discretion."

Yes, Frist erred. He thought the court would do the right thing. The dissenting judge tried, the majority is exercising discretion allowed by the law, and in so doing violating its clear intent - and being cruelly facetious in their ruling.

[TeleStraightShooter]

"I would assume, however, the Federal court would grant a stay based on the facts of this case because Mrs. Schiavo would need to be alive in order for the court to make its determination."

Senator Levin agreed with this analysis including the logic of Frist's assumption and withdrew his objection.

Well put.

Using the 11th's logic, death penalty cases can now be put off until years after the accused is crispified.

[bvw]

Both arms I have, and ten fingers too. The courts haqve acted in vile conspiracy to let a murder go forward.