Reinsertion denied by 11th Circuit Panel

Yahoo ^ | 23 March 2005 | AP

[Jeff Head]

PINELLAS PARK, Fla. - After losing two consecutive appeals in federal court, Terri Schiavo's parents vowed Wednesday to take their fight to the U.S. Supreme Court (news - web sites) as their severely brain-damaged daughter began her fifth full day without the feeding tube that has kept her alive for more than a decade.

In a 2-1 ruling early Wednesday, a panel of the 11th Circuit Court of Appeals in Atlanta said the parents "failed to demonstrate a substantial case on the merits of any of their claims" that Terri's feeding tube should be reinserted immediately.

"There is no denying the absolute tragedy that has befallen Mrs. Schiavo," the ruling said. "We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law."

In his dissent, Judge Charles R. Wilson said Schiavo's "imminent" death would end the case before it could be fully considered. "In fact, I fail to see any harm in reinserting the feeding tube," he wrote.

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[planekT]

ping for later read.

[MeekOneGOP]

Good one!

bump! bump! bump!

[PhilDragoo]

WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness -- That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness.

Break it down for me, Brother

Creator endows unalienable right of Life
Governments instituted to secure above-referenced unalienable right of Life.

My great-to-the-fifth grandfather fought King George over that legal nicety.

News flash: The Ten Commandments are not the talking points of a neoconservative think tank. Thou Shalt Not Kill is not a suggestion.

[Jeff Head]

Jeb Bush is going to send in state troopers and take her into protective custody based on the DCF investigation. SHould happen any time.

[PhilDragoo]

From your keyboard to God's Inbox to Jeb's To-Do-STAT list.

[Jeff Head]

See my post 113 from this morning. Bush was way ahead of that curve. He announced his intentions at 3 PM eastern time.

[PhilDragoo]

Yes, he made it clear he has his legal ducks in a row.

[Jeff Head]

So...now all he has todo is ACT. We are all waiting with baited breath..I will not rest easy for her until she is out of that place and away from Greer and Michael.

[SuperLuminal]

For too long, 99% of the government's subjects have smiled, bent over, and spread their cheeks.

For a long time, it has been far too late to restore the Republic and avoid the totalitarianism into which we have descended. It matters little whether the bondage of our property, children, and, for the past decade, our thoughts is enforced by the completion of the ongoing sovietization or by the rule of the black-robed clerics of the courts (iranianization ?) under which, deservedly, we now find ourselves.

Any realistic hope of restoring the freedoms on which this Nation was founded resides only in a carefull reading of the 3rd and 4th paragraphs of the Declaration of Independence.

[jim macomber]

It is frightening how widespread is the acceptance of the notion that the legislative and executive branches are subordinate to the judiciary? Even the legislative and executive seem to believe it, apparently taking the position that all they can ever do is ask the judiciary to review itself.

The system we have is one of three co-equal branches. What makes it work is not power or supremacy of one over the other. It is comity – each of the branches voluntarily and mutually respecting the authority of the other branches and the limits of its own. When one branch anoints itself with a primacy – and the others accept it – they are no longer co-equal. If there is no restraint on the judiciary other than what it chooses to place upon itself, what then are the limits on it?

Sure, on an individual basis there’s impeachment, removal. But what about a systemic imbalance? Or what about an emergency when time is of the essence? So let’s do the hypothetical in the context of the Schiavo matter. Yes, Jeb Bush has the ability and the authority to step in and, say, have Terri Schiavo taken into DCF custody administratively. And, yes, Greer then has the ability to issue a contempt ruling against Bush (though as Jackson said, let him enforce it!). And so then we have a constitutional crisis. How does it get resolved? Here’s the news flash for some: Not in the courts. It has to be settled among the parties. Co-equal parties. Give and take. Back and forth. Mutual agreement. Comity.
Otherwise, they’re not co-equal.

[Critter]

I hope the people act. If America stands by and watches this woman die, we all deserve to rot in hell.

[Critter]

What I REALLY want to know is why no one has asked for a jury to hear this case?

Does not the US Constitution GUARANTEE a right to a trial by a jury in all matters involving $20 or more? Is not a life worth AT LEAST $20?

From the 7th amendment:

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved...

Am I genius? Or are the lawyers on Terri's side a bunch or morons? Or am I the moron? Is there something here I don't see? Or understand?

[Jeff Head]

I believe the governor is going to save us the trouble, as he should. He announced that based on the abuse allogations and investigation that the state was prepared to take her into protective custody. This was at 3 PM. I hope to see him act on that statement any time now.

BTW, so very good to see you bro!

[Critter]

Good to see you too bro!

This one dragged me out from under my rock. I am going out of my mind here with outrage and disbelief.

I can't believe this is happening in America!

[Jeff Head]

I believe Bush is going to take her into custody (I just wish he would HURRY). I also believe that Greer will ultimately step back or be consumed by the process. Evidence is mounting that Terri is not PVS and as that happens there will be more and more momentum behind medicating her, caring for her and attempting to rehabilitate her as much as possible. Her parents are the only ones remotely in a positoon at this point to oversee that IMHO.

[Jeff Head]

Me too...sort of like Kalamth. unbelievable, shocking and something that cannot stand.

[Jeff Head]

...err, that's KLAMATH.

[Critter]

Well if you get uncontrollable urge to take a vacation in FL for a few days real soon, pick me up on the way. ;)

[Jeff Head]

Ha...I have thought hard about it...and on the way back hitting Arizona.

But I am still in recovery from major sinus surgery ten days ago (there were a couple of FR threads about it) and am completely out of sick leave and vacation, as well as not being fit to travel and get too physically involved like I was at Klamath.

[wita]

...life is temporary...death is permanent.

A fact seemingly lost on all who are anxious to speed terri's demise, but them again who knows. All this reminds me of the definition of suicide. A permanent solution to a temporary problem.