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.
They promptly nullified Congress.
Santorum was just interviewed and is talking with House members about instituting an inquiry into the 2 judges Whittemore and Greer for their contempt of Congress.
So the "wonderful magnanimous" court you speak of did not act in a way that is so judicious it seems.
You're right, but spitting into the wind.
Good Little Republicans NEVER disobey the law. Usually, the law in their offshore-bank-account countries does not require reporting to the IRS.
Ken and Muffie can't be bothered--they're at the Club today.
If you stand by it, you stand by it.
"Pound sand, MM. Your heart and mind are twistetd."
Oh, your brilliant riposte has pierced me to the heart. I am humbled by your extreme wit. I shall repair to the yard and take up my cudgel and pound away. Feh!
Someone posted a while back inquiring about sprinklers. I never thought of that...perhaps someone else did????
Send the state police and remove her from the hospice? If that is so easy why he will not do it? I do not think it is easy and I do not think it is legal to defy the order of a court no matter how unjust and horrible this order is like in the Terri Schiavo case.
Did I critize you or anyone? Did you not like the post? Fine, you did not have to be so callous for those of us who find comfort in prayer. Do you not expect that those of us who simply want to pray and offer no debate have that right to do so? Are you anti-prayer? What hath wroght such wrath in you? Chill, brother.
They allowed the Schindlers to file an out-of-time request for rehearing. Any out-of-time filing must be allowed, upon request. The Schindlers requested the right to file the request for rehearing, they were allowed to file it, the rehearing was denied.
I never really thought I'd see a bunch of folks criticizing a Court simply for following its own rules. But, then again, we are on SchiavoRepublic.
Please cite where I ever referred to a "wonderful magnanimous court." I'll wait.
Judge Wilson did dissent; good for him. It's a tragedy that he wasn't able to convince Carnes or Hull.
"Fox just said they have the sheriff dept. at the Hospice looking for bombs? "
Huh?!? Let's see: How does this make sense? People are opposed to the removal of Terri's feeding tube, so they plant a bomb at the hospice. Maybe there's something I'm not getting here.
Boy, if I had a loved one in that hospice, I'd be royally ticked off at this circus. Those poor families!
It's too late for Jeb Bush to do anything now. As governor of the State of Florida, Jeb Bush failed to prevent the court-ordered starvation of a young, innocent, disabled woman. I think this eventual outcome says all I need to know about his ability to function as a chief executive.
Fox....They said a male called the hospice (death house) yesterday saying that if Terri dies a bomb will go off there.
Now they are asking the questions like at the airport, have you left your car unattended etc.
"... He has no power to change the laws, he can only enforce them..."
That would be excellent advice to ALL judges. Don't create law or legislate from the bench. Interpret and enforce existing law. Note my tagline.
MIchael got his way. It might be advisable for him and his "family" to start looking for real estate in another state.
Go bless Terri and her family. May He take Terri soon to end her suffering.
I hope they stick it to this judiciary. Most of all I just want what the Shindlers want: To have Terri be taken care of by the people who love her.
How can America ever look another country in the eye and say, "You must be democratic as we are democratic. You must not violate human rights." HOW CAN WE??
Terri, God and angels be with you!
Yup, now all the polictians in DC will pound thier chests and protest the outrage. I for one don't want to hear it.
Nothing will happen.
Congress is bent over.
Gov. Bush is bent over.
Judges are behind them, giving it to them, and they're not willing to get up and say "no".
If God is just, and I know He is, then we will NOT escape the reckoning to come. Deservedly so.
David Simmons is not going to push an impeachment proceeding on this issue.
Jeb is the governor, not you or I. Terri's parents aren't asking for you or I to break into the hospice. They ARE asking Jeb to intervene. Evidently, you want us to do something that has ZERO chance of succeeding and would be absolutely against the parents' wishes. Also, by your reasoning, if the parents aren't willing to make a commando raid, then they have no right to ask Jeb for help or to criticize his lack of action. ABSOLUTE, 100% GARBAGE.
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