Posted on 03/30/2005 12:25:05 PM PST by jpsb
Edited on 03/30/2005 12:44:39 PM PST by Sidebar Moderator. [history]
With time running out for Terri Schiavo, a federal appeals court Wednesday rejected her parents' latest attempt to get the brain-damaged woman's feeding tube reconnected.
The Atlanta-based 11th U.S. Circuit Court of Appeals agreed to consider an emergency bid by Bob and Mary Schindler for a new hearing in their case, raising a flicker of hope for the parents after a series of setbacks in the case. But the court rejected the request 15 hours later.
Three times last week, the court also ruled against the Schindlers.
"Any further action by our court or the district court would be improper," Judge Stanley F. Birch Jr. wrote. "While the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty."
To be granted, the parents' request would have needed the support of seven of the court's 12 judges. The court did not disclose the vote breakdown.
The Schindlers visited their daughter Wednesday morning at her hospice and urged their supporters to keep trying. "I was pleasantly surprised by what I saw," Bob Schindler said. "So she's still fighting, and we'll keep fighting."
"We know that some of her organs are still functioning. ... It's not too late," he said.
In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law. The Schindlers' motion also said the federal appellate court in Atlanta didn't consider whether there was enough "clear and convincing" evidence that Terri Schiavo would have chosen to die in her current condition.
AMERICA IS SHAMED!!!
The most solemn duty of those entrusted by the public faith to govern is to protect the lives of it's people. It has not been done and the mockery of justice is so disgraceful I feel like I'm watching some UN court not a US court at work.
Terri is our sister. Terri is a living person. Terri deserves the love and care that her parents want to give her. "Where there is life, there is hope."
Terri, God and angels be with you! You have my love and prayers.
Lord have mercy.
I have asked before on different threads, what is the endgame? A showdown between the executive,Gov Bush,and the judicial,inevitably the Florida Supreme Court,branches over who has the ultimate say would lead to the US Supreme Court.Does any one think that the libs in the country would stand by and watch the courts lose power without a fight? What happens then?Does anyone think the SCOTUS will move to restrict the power of the judiciary?You would need two of the following to side with the executive branch,Souter,Breyer,Stevens,O`Connor,Kennedy,Ginsburg.I can`t picture one of them not protecting the home turf of the courts.Than what?Defy the court and rule by executive order?We may not mind it now but some day that may be a very distasteful thing. Amending the constitution was the check to a runaway judiciary but that is virtually impossible now. Very frustrating and I am at a loss for an answer.
I guess my point and my concern is that if at some point the SCOTUS will be the final arbiter of the dispute and their decision will be the last word on the issue we may be forcing a showdown that we cannot win because it will be decided by one of the contestants,the court system. If someone wants to make the case that despite what they,the court,decides the executive will not abide by it,we need to think what the ramifications of that may be beyond this case. My overall question is how do we put a stop to a runaway judiciary without giving that very system the ability to defeat the action and be made stronger in the end for the effort? I don`t see where the logical progression of thought concerning Terri is that frustration and anger over what the court system has done,which anyone can check my postings on the issue to see how wrong I think it is,should be to call Gov. or Pres.Bush cowards,Nazis and other invective that is more befitting DU than here. It would be nice if raiding the hospice and removing Terri would mean all would go on happily ever after,but I`m afraid it will not.
I put up these three posts yesterday and copied them here to ask the same questions.
Please stop with the Keywords
Thank you
BEFORE: CARNES, HULL, and WILSON, Circuit Judges.
The 11th Circuit did not hear this en banc.
I only use on them the exact same criteria they used on Terri.
And get lost.
Well, "judicide" would be killing OF judges (or Jews, depending on interpretation), not BY judges.
I get your point, but I don't think the neologism works.
I read his dissent on the first (?) appeal filed. It was excellent. I don't think he dissented because of his resume but because he truly saw and understood the injustices of this case.
...must grant a de novo hearing not of the evidence but of the judge's findings-few read that fine print.
My thoughts exactly. I hope that Delay and others in Congress have enough stones to use their Constitutional right to rein in the Federal Courts.
What a bunch of evil bastards.
Where are Jesse's two flipped votes in the Florida Senate that would have given Terri a chance? He only needed two votes for a Senate victory!
When ignoring the law is the only way to save an innocent life, absolutely.
The legitimate purpose of government is the protection of life, liberty, and the pursuit of property. Without life, the other two are academic, and any law that violates the legitimate purpose of government is illegitimate on its face.
Praying and posting for Terri Schindler Schiavo.
It appears that way to me, too. However, it is essential to realize that "fumbling the ball" is radically different from conspiring to intentionally throw the game to the other team.
Thanks. We better work on that NOW.
"Why did they even get the Schindlers hopes up by considering?"
Judicial CYA.....hoping the decision would become irrelevant.
He was there when the court sat en banc. And he sure did not register his dissent did he?
"HEALTHFUL DRINKS WITH WARM MEALS SINCE THE ORDER-TO-MURDER-AN-INVALID BY JUDGE GREER
Subhuman scumbag Torturer and Murderer-At-Will Pinellas County Judgenfuhrer Greer ..... 55
..................................................................... Terri Shiavo 0
...................................................................... Lee Malvo 48
................................................................. Scott Peterson 47"
LOL! No can do.
We seem in fact to have skipped entirely over the intervening step of voluntary euthanasia and gone straight to the involuntary. Why, then, cling to the drawn-out process of death by withdrawal of sustenance? Why not embrace the quicker, undeniably more humane method of lethal injection — the preferred way to go for failing household pets and death-row murderers alike?
The answer is that so far, the culture of death in America has suffered from a failure of nerve. I leave it to readers to ponder the difference between the deaths of their cats and dogs who were "put down" and the death of Terri Schiavo, and say whether this failure of nerve has been a good or a bad thing for the country's PVS patients. But there may yet be hope for the culture of life, in the lies we tell ourselves as we kill the weak among us. One of the most astounding falsehoods was told by the Virginia courts that endorsed the killing of Hugh Finn seven years ago. Desperate to deny what everyone knows, the courts of the Old Dominion held that a PVS patient is, as a matter of law, in the natural process of dying within the meaning of [Virginia statutes] and . . . the withholding and/or withdrawal of artificial nutrition or hydration from a person in a persistent vegetative state merely permits the natural process of dying and is not mercy killing within the meaning of [those same statutes].
No one who has ever seen Terri Schiavo — even those who believe she is PVS and beyond hope of recovery — can honestly believe a word of such nonsense for a moment. We will not soon become the Netherlands, while such a phalanx of lies marches through our judicial reports. But as Lincoln might put it, this house divided by the splitting of unsplittable differences cannot stand. We must sooner or later "become all one thing, or all the other" — a nation that embraces life, or one that shrugs at death.
— Matthew J. Franck is professor and chairman of political science at Radford University.
He's exactly right, sooner or later we will be fully embracing this evil or we will be fully rejecting it.
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