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.
A majority of the cold-hearted, law-ignoring a**holes on this court are Republican appointees.
Murdering scum.
Here's what really pi$$e$ me off! Knowing this was what they were going to do all along - why did this jerk court yank the family around for a day. How hateful can these people be. If you aren't going to help - just shut up in the first place. This was just cruel by the 11th Circuit. They seem to be punishing her family at this point.
He has the power to enforce the consitution as he interprets it to be, and if he's wrong he can be impeached and removed for his wrong intepretations.
He could have put it on the line for her, and he chose not to. Does that make him a bad person? No, after all he did try. We can't ask everyone to jump into the fire to rescue the person trapped inside and call all these who didn't do it bad people.
I would suspect most of those who are criticizing Jeb aren't willing to go all the way either. Look at how many of them are posting here rather on down there at the hospice risking being arrested to give her water. Anyone who isn't handicapped has the physical ability to do that, but they don't want to actually risk getting arrested, so instead they are here carping about how Jeb Bush failed them.
I did not say they were better, I just said I was discusseded by the rinos.g
No, to my discredit I have not. However, my failures do not excuse the inadequacies of others.
With Michael, it's all about Michael.
He will never have a day of peace for the remainder of his life.
But I have two questions: Did he write it? And did he mean it?
You seem to forget that Governor Bush got a law passed just for Terri two years ago. That was struck down as unconstitutional. How many other citizens as he done this for ? This is not a police state, and he has done all he can.
As unhappy as I am with Terri's fate, I still say Gov. Bush has done a fine job.
I wouldnt.
Please clarify, what kind of death row cases do you mean?
The 11th Circuit gave the family consideration of this petition because the Schindlers asked them to do so, and did so even though the deadline for filing was last Saturday. The court of appeals could've rejected them immediately because they missed the deadline, but they granted the Schindler's request, even though they ultimately ruled against them. I do expect that as long as Terri is alive, the lawyers will continue to litigate--and after Terri dies, the Schindlers will file a wrongful death suit that will be as heavily litigated as this is.
If that is what it takes to reestablish the concept that life is a prerequisite for all other rights, it would be unfortunate, but necessary.
They could not get the vote for review of the rejected legislation in time for the deadline.After the deadline was passed they needed 2/3 majority
Jeb is good at 'Mother May I' but poor at leadership in life and death issues. The courts rule in Florida ... and about everywhere else, with not a legislaive body around sufficiently ballsy to raise the Constitutional crisis to the deserved level, so Terri is to be executed by a circuit judge while the faux power looks on pretending to be helpless.
You really ought to sue your high school for educational malpractice if that's what you learned in civics class. No court knows "all along" how it will rule, and no judge "yanked around" anyone. When a motion or petition is filed, the judges have to review the pleading and examine the applicable case law before even beginning to formulate a ruling. No action is decided immediately upon filing. Issuing a ruling in one day is extremely prompt.
Maybe we could understand such a calloused statement if we were talking about a car or piece of land. But it's a human life. A person who has committed no crime. I'm just speechless.
You know what Tree? Someone has to draw a line in the sand some time in their lives. We are all frogs in a blender or a pan of water that's heating.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.