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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

Posted on 03/23/2005 12:21:22 AM PST by peyton randolph

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To: peyton randolph

This can now be appealed to the entire 11th as a whole, right? Or is that up to the three-judge panel to direct?


41 posted on 03/23/2005 12:49:21 AM PST by Lancey Howard
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To: peyton randolph

I can translate this decision out of Atlanta into just a few words:

We are no longer a nation of laws. We are now ruled by judges who are free to decree who shall live, and who shall die, and their decisions are final.

These judges have not only affirmed the death of Terri Schiavo, they have confirmed the death of our Republic.

I would ordinarily say 'May God have Mercy upon us', but I fear that He will do no such thing now.

America is toast.


42 posted on 03/23/2005 12:49:52 AM PST by Mad Mammoth
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To: Blurblogger

Ecc 3:16 And moreover I saw under the sun the place of judgment, [that] wickedness [was] there; and the place of righteousness, [that] iniquity [was] there.


Ecc 3:17 I said in mine heart, God shall judge the righteous and the wicked: for [there is] a time there for every purpose and for every work.


43 posted on 03/23/2005 12:51:18 AM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)
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To: Robert Drobot

There is going to be a real passion to reshape the courts after this.
I think the one thing this case has done is present to the people what a bunch of asses lots of judges are.
This is going to not go away and will blow up like illegal immigration and the Democrats will for the most part lose more because of this.
Why do the Democrats lose with this?
Because at every turn they have backed the culture of death against life.
So what can the Democrats use as a defense?
Dems can only say:"What are you going to trust, us or your lying ears"?

I also wouldn't want to spend the rest of my life as Terri's husband, from the national passion of this, he's going to get hounded over this IMO until he passes himself some distant day.


44 posted on 03/23/2005 12:53:10 AM PST by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: mal

>>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<<

With immediate cremation ordered after her death, we probably will never know. If the courts won't act to save her life, why would they act to determine the facts involved afterwards?


45 posted on 03/23/2005 12:53:17 AM PST by DakotaRed
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To: ambrose

It doesn't matter who appoints the judges. You will get either a Democrat dictator or a Republican dictator.


46 posted on 03/23/2005 12:53:50 AM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: Mad Mammoth

When I was weighing the words of Greer, Felos, etc , something haunting came to me. Osama Bin laden had quoted Khalid ibn al-Walid as saying "you will be conquered against your will by men who love death as you love life."

We will soon prove him right.


47 posted on 03/23/2005 12:54:00 AM PST by happinesswithoutpeace
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To: Lancey Howard

Although I don't practice before the 11th Circuit, I believe they can either appeal to the full 11th Circuit en banc or to the U.S. Supremes. If memory serves correct, Kennedy (I want to be loved by the NY Times and Washington Post) is assigned to this region for SCOTUS. If at least 4 members of SCOTUS want to hear the case, Kennedy should issue temporary relief (feeding resumed). I'm not convinced there are even 3 votes for SCOTUS to hear the case. I'm guessing Scalia, Thomas...and maybe Rehnquist.


48 posted on 03/23/2005 12:54:11 AM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: Rome2000

Nazis: Pioneers in medicine


49 posted on 03/23/2005 12:55:19 AM PST by Truth666 (http://www.google.com/search?q=%22Proof+that+at+least+one+of+two%22)
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To: happinesswithoutpeace
When I was weighing the words of Greer, Felos, etc , something haunting came to me. Osama Bin laden had quoted Khalid ibn al-Walid as saying "you will be conquered against your will by men who love death as you love life."
We will soon prove him right.


Sadly, that is exactly correct.

America has lost the War on Terror as of this day, because we have witnessed our own judicial system legitimize the unbridled terror of murder by the State.

Believe this: none of us are safe now. That is not an exaggeration.
50 posted on 03/23/2005 12:56:48 AM PST by Mad Mammoth
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To: peyton randolph

Terri will die because her attys didn't handle this well.


51 posted on 03/23/2005 12:57:06 AM PST by HitmanLV
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To: HitmanNY
Terri will die because her attys didn't handle this well.

Don't kid yourself. Terri will die because the 'fix was in' from the very beginning.
52 posted on 03/23/2005 12:59:04 AM PST by Mad Mammoth
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To: mal

I agree that, politically, for the liberals, this all relates back to abortion.

As to your other point, even if Terri is a PVS case, I think this is murder because even if she is PVS, I think it must still be her (Terri's) desire to have the feeding tube disconnected. Since she did not have a living will, or anything else in writing, the Court accepted the testimony of her so-called "husband", her husband's brother and, I think, the brother's wife as proof of what Terri would want. In light of all the facts (ie, that Michael has lived with another woman for ten years and has two children with her)---taking their testimony as proof is, IMO, criminal.

As President Bush said, if we are to err, we should err on the side of life.


53 posted on 03/23/2005 1:00:45 AM PST by unfortunately a bluestater
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Comment #54 Removed by Moderator

To: A CA Guy

You are right. This is so ridiculous it's not funny. There are no complexities here, none whatsoever. Terri's "husband" wants her dead and Terri's immediate family does not. That's it. Case closed.

The judges(lawyers) that have so far been involved with this case have either been "pro euthanasia" and/or Clinton appointees. You have 3-4 people "voting" on such an explosive issue. I know you can't have a general election over this but at the very least there should be an attempt to provide "level plaing field".


55 posted on 03/23/2005 1:02:09 AM PST by RacerX1128
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To: Mad Mammoth

Who fixed it, and why?


56 posted on 03/23/2005 1:02:13 AM PST by HitmanLV
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To: Blurblogger
This is my prayer.

Isa 41:17 [When] the poor and needy seek water, and [there is] none, [and] their tongue faileth for thirst, I the LORD will hear them, I the God of Israel will not forsake them.

Isa 41:18 I will open rivers in high places, and fountains in the midst of the valleys: I will make the wilderness a pool of water, and the dry land springs of water.

Isa 41:19 I will plant in the wilderness the cedar, the shittah tree, and the myrtle, and the oil tree; I will set in the desert the fir tree, [and] the pine, and the box tree together:

Isa 41:20 That they may see, and know, and consider, and understand together, that the hand of the LORD hath done this, and the Holy One of Israel hath created it.

57 posted on 03/23/2005 1:03:43 AM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)
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To: AHerald

Thanks ;-)


58 posted on 03/23/2005 1:04:03 AM PST by expatguy (http://laotze.blogspot.com/)
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To: ambrose
You are unfair to Frist and emphasize the wrong point, as did the 11th Circuit, with regard to Congressional intent:

Mr. FRIST. I share the understanding of the Senator from Michigan, as does the junior Senator from Florida who is the chief sponsor of this bill. Nothing in the current bill or its legislative history mandates a stay. 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. Nevertheless, this bill does not change current law under which a stay is discretionary.

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

The fact is this is a power struggle between the Courts and everybody else and NO LAW OR CONSTITUTION is going to tell them what to do.
59 posted on 03/23/2005 1:05:36 AM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: peyton randolph

This really hurts. Yes it can be appealed and it was a very strong descension, but no one thinks the Supreme Court will hear it, but it's not over till it's over.

The U.S. Justice Dept is in the middle of this deal with both feet, and options still exist.........


60 posted on 03/23/2005 1:08:05 AM PST by flattorney
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