Posted on 03/23/2005 4:42:39 AM PST by 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.
Exactly...except for the dissenting Judge. Perhaps the others in the appeal process will take up his dissenting view. At least that view is now out there on paper officially.
I must find this "Constitution" they speak of...
It gives more rights to a pedophile rapist than a disabled woman. It authorizes killing unborn babies. It disarms honest citizens. It prevents the mention of God or Christ in public schools. It allows foreign invaders across our borders and then entitles them to welfare benefits.
That's funny. My copy doesn't have any of that in it...
Judge Charles R. Wilson was the dissenting Judge. I do not know the names of the other two.
They are writing their own as they go and imposing it on us all.
Whether all of these 'legal eagles' (FL courts and FED courts) realize it or not, they are setting a very dangerous precedent by deciding this case on hearsay evidence from the estranged husband. Hereafter, a judge will not be able to deny evidence based on hearsay. They accepted hearsay here, they will have to accept hearsay forever.....
Ummm... Which ones are the "liberal" judges? Carnes? Hull? You're kidding, right?
Yeah I understand that by the time Congress acted this was already almost unwinnable, especially since Congress screwed up royally (purposely?) in not requiring a stay. But all these years, being unable to change venue, unable to get contradictory medical testimony in the record, unable to get any action on the many conflicts of interest, it's almost like they weren't paying attention.
Well, it is a tragedy but if we don't want activist liberal judges 'doing the right thing' from the bench then we have to accept that 'the rule of law' means the rule of laws and the laws just aren't there.
This is not America's finest hour.
"Who were the two who voted for death?
Who anointed (er, appointed) those two to the bench?"
Clinton and G HW Bush appointed the two in the majority. The dissenter was a Clinton appointee.
That horse left the barn long ago.
CRUZAN v. DIRECTOR, MDH, 497 U.S. 261 (1990) <-- Link. Cruzan was in a PVS, left no written advance directive, and was starved to death.
"One woman was arrested Tuesday for trespassing after trying to bring Schiavo a cup of water. "
A modern Veronica.
Too bad there aren't thousands offering to do this--like the civil rights protests in the 60s; the jails couldn't hold them all.
And too bad Jeb Bush or the Bishop of that diocese don't make the same gesture. . .
My wording may not have been perfect, but my intent was clear, and I added a section in the original comments that makes that clear which you chose not to quote. Thanks for giving me the opportunity to state the issue again.
Funny thing is, I imagine it passes the "global test." Thanks to the judiciary.
Who anointed (er, appointed) those two to the bench?
See this post. Executioner Carnes was a "gift" from Bush41, and Executioner Hull was a Clinton special. Judge Wilson surprisingly came from the Clinton years.
Thank you backhoe...no it is certainly not. Reminds me of the feelings I had with the Elian affair. Tragic, unbelievable.
Who made the LAW? Solomon YOU are NOT.
It's ok. Judge Napolitano says she can't feel it because her brain has turned to liquid. And ED Hill said 16 specialists have examined her and all agreed there's no way out of her PVS. It's just reflexes and electrical impulses. That's why he would always go and grab the heel of the patient. That's not reflexes, I guess, that's conciousness, in the heel there. I don't understand that, but I suppose all the really smart people are in charge, so we're better off leaving it to them. After all, I'm not a doctor or a lawyer. Let the experts handle it. I'm going to have breakfast and go to work. I'm HUNGRY!
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