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.
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".
Are you saying you were not defending the kindness of the court in ruling so promptly after reviewing all the documents and arguments?
If not what was the point of your comment... a general dissertation on the timing of court documents?
I thought it was a lovely and appropriate post. Your mentioning the drop of wine gives me hope for a miracle, because sadly, that's what it will take at this point. Thank you CitizenM.
Ah, yes - the Culture of Life.
Gov. had the executive power to remove Terri.
Judge George the Butcher Greer issued an illegal order saying "don't do it".
Gov. Bush obeyed.
I have lost a great deal of respect for the man.
Certainly won't support him for other office.
I have no problem with people praying for Terri, even though I am not a believer. It does occur to me, though, that gigantic purple letters do not necessarily make your prayer more effective. Nor do pictures of the blood from Jesus' head dripping into a chalice make your prayer more likely to be heard by your deity.
What strikes me is that both make your prayer more of a public statement than a prayer to your deity.
There are a few verses in Matthew that apply, I believe. I think they're in Chapter 6, but I'll check for you and pass along the exact reference, if you wish.
Sadistic bastards.
your loss of objectivity is showing.
What is most amazing is how angry we all are -- and are holding it in.
Thereby proving that you don't even know the meaning of the term de novo.
How can a court hold him in constitutional check and he not be able to hold them in constitutional check? If he believes what they have done is wrong then his oath requires him to hold them in check.
But then it appears this American system of checks and balances is just a myth, and a sad joke.
I am very saddened by the RINOs, as I thought there would be more R's in the FL Senate who would vote on Terri's behalf. I think the Congress and President behaved properly, too.
It is a grievous error to lump Gov.Bush, or any of those, others in to the pot with the RINOs, though. I see them as having made very serious efforts to work within all the constraints of law.
My entire focus as to where the greatest amount of blame goes for this miscarriage of justice is Judge Greer, as well as the HINO who will remain nameless as much as possible. It is unfathomable to me that FL law has seemingly invested so much power in such a low level official.
I'll say again, I do NOT know whether Terri is still "there" or not, or what the results of a full review from the bottom up of the case would be - however it has been my opinion that HINOs 'evidence' of Terri's wishes should have been granted only the weight of "hearsay" and a full reevaluation of the medical situation ought to have been required, including PET and MRIs, and given the investment of Greer in the case he ought to have recused himself from that process except for being a possible witness. Congress did exactly right - but it is likely that Terri's parents' lawyer did not properly take advantage of the opportunity - again, only "fumbling", not conspiring against, as the bulk of the Democrats, HINO, and Greer have.
I know a lot of us here have worn a lot of virtual shoe leather working on this case. Some of us have been working at it for years. Calling, emailing, donating, posting dozens of links and articles, trying to get the word out and correct the misdisinformation.
I don't know what to do right now except pray that God have mercy on our country.
I have never seen such determination to kill an innocent woman in my life.
Things are sad but that funny, thanks for the comic releif.
well ... we see it differently ... leave it at that.
Again justice served as they offered it to Terri, you do know she was denied antibiotics for infections.do you not?
Why... is it so repulsive for you to hear that a sick person should be denied antibiotics?
Barring Divine intervention, I agree, but the futility of this particular instance doesn't mean we're to cease demanding justice.
Most likely a "Kill-Terri" person is trying to make the protestors move away.
It was odd that the previous bomb threat came at a time when Pro-Terri people were trying to talk to Whittemore in court.
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