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11th Circuit Court Rejects Schiavo Appeal
ABC ^ | Mar 30, 2005 | RON WORD Associated Press Writer

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.


TOPICS: Government
KEYWORDS: 11thcircuit; allterri; allthetime; bantrollsalready; doyourjobmods; goodgermans; gurgle; hitlerwouldbeproud; hyperbole; impeachgreer; jebisdone; judicialmurder; kookooforterri; lipservicefromjeb; needmoreterriposts; nomorejeb; notojebbushin2008; prayforterri; saveterri; schiavo; schindlerslistgrows; terribots; terrimaniacs; terrischiavo; terrischindler; territerriterriterri
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To: 4.1O dana super trac pak

Thy will be done.


221 posted on 03/30/2005 1:19:28 PM PST by 4.1O dana super trac pak (Stop the open borders death cult)
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To: tomahawk

Agreed. I used to think he would make a better President than his brother. I stand corrected. I can't believe how weak and wimpy he looked in his statements. He was clearly irritated as well, but his irritation was toward the people who want an innocent life saved, not toward the people executing her. I guess we should all send him a big "I'M SORRY I ASKED YOU TO SAVE A LIFE" card. How insensitive of us.


222 posted on 03/30/2005 1:20:13 PM PST by GLDNGUN
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To: justshutupandtakeit

Heal us all with your tool box of love...


223 posted on 03/30/2005 1:20:30 PM PST by WhistlingPastTheGraveyard (Ghoul Power!)
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To: justshutupandtakeit

Sorry. I have to give the Schindlers some slack. As a mom, I can't fault them for trying everything they could to save their daughter.....rational or not.


224 posted on 03/30/2005 1:20:36 PM PST by Jrabbit
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Comment #225 Removed by Moderator

To: justshutupandtakeit
The 11th short circuit has very "clean" hands now...

Image hosted by Photobucket.com

226 posted on 03/30/2005 1:21:08 PM PST by Fitzcarraldo
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To: northernlightsII
Oh, it is not repulsive to me. Lots of people don't receive the treatment they receive, for all kinds of reasons. Some even believe that God prohibits the use of antibiotics.

I wasn't expressing repulsion on the concept of denying antibiotics to Pryor. I was commenting on its incongruity with the entire reason you are mad at him.

227 posted on 03/30/2005 1:21:30 PM PST by lugsoul (Wild Turkey)
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To: johnb838

Ah...more barely disguised calls for violence...


228 posted on 03/30/2005 1:22:16 PM PST by MineralMan (godless atheist)
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To: flowergirl

I fear that if Terri were to rise from her bed and walk to the hospital cafeteria, they would refuse to serve her.


229 posted on 03/30/2005 1:22:52 PM PST by Museum Twenty (Proudly supporting President George W. Bush - Proudly shouting "Rumsfeld '08!")
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To: jpsb
Considering the immediate impact of their "dispassionate discharge of duty" is the starvation death of a disabled woman, I find this statement utterly chilling.

Get these soulless ghouls off the bench NOW!
230 posted on 03/30/2005 1:23:21 PM PST by Antoninus (In hoc signo, vinces †)
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To: northernlightsII
Again justice served as they offered it to Terri, you do know she was denied antibiotics for infections.do you not?

Michael Schiavo actually admitted in court that he refused antibiotics for Terri for the very reason that he hoped she would die from the infection.

Why on God's green earth Greer could consider Schiavo a fit guardian for Terri, after that admission, is beyond me.

It would seem to me the presumption of any judge should be that the patient must be allowed all routine medical treatment, at least until final determination of the patient's "wishes."

231 posted on 03/30/2005 1:23:32 PM PST by shhrubbery!
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Comment #232 Removed by Moderator

To: Tennessee_Bob
Agreed.

The court order in the Terri Shiavo case is the most horrible and the most unjust order but still it is the "f***ing" law.

This should be a wake up call to resolve the cancer of liberal and activist judges from its roots.

Judges must be elected not selected, and they should be elected every four years, period.

The US Constitution must be amended to do these changes regarding the federal judges (including the US Supreme Court)and the states must amend their Constitution to do the same with their state judges.

233 posted on 03/30/2005 1:24:23 PM PST by jveritas
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To: tomahawk

I wasn't aware that you were such an authority on it...


234 posted on 03/30/2005 1:25:29 PM PST by lugsoul (Wild Turkey)
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To: GLDNGUN

The real sad thing is that so many are mad at JB because in part they feel they have sme comtrol over him as in blocking any future political aspirations.
The anger should really fall at the feet of so many judges that turned their backs in font of revolting facts.
I am surprised that there is not even one post with the names of all the judges that said Terri must die.
From Greer to Scotus to FL. Supreme ct.


235 posted on 03/30/2005 1:25:35 PM PST by northernlightsII
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To: bluebeak

He was reached. I don't know how. But he was. He was non-responsive back in '03 until we hammered him good and then he woke up and got Terri's law passed and got her out of there and into a hospital and back to health, but then she went right back to the same situation, and Felonius and Mikey (I won't defame an Archangel by using his given name) and Rear had two years to plot and tie up all loose ends. Oh, they were ready for everything this time. Conspiracy shouldn't be that hard to prove if the cover-up isn't successful.

But Jeb was the MAN, and then suddenly he backed down, and butted out. There had to be a reason.


236 posted on 03/30/2005 1:25:58 PM PST by johnb838 (Thy Will, Not Mine, Be Done; No abortion, no euthanazia. NEVER!)
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To: justshutupandtakeit

Why don't you take the advice shown in your handle. i.e., Just shut up, please.


237 posted on 03/30/2005 1:26:12 PM PST by drt1
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To: justshutupandtakeit

You cannot "drag out" a death that was not happeining until now. She was not dying until now, plain and simple. Would remain alive too if her parents were allowed to care for her.


238 posted on 03/30/2005 1:26:52 PM PST by Romish_Papist (Hannity nutshell: "Buy my book, eat @ Ruth's Chris Steakhouse, repeat ad nauseum...)
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To: justshutupandtakeit

>>>What a freaking joke have you all lost your minds like Terri?<<<<<<


NOW IS KOW WHAT THE ABUSE BUTTON IS FOR!


239 posted on 03/30/2005 1:27:35 PM PST by snarkytart (You're Gutless. You're Undressed.)
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To: jpsb
Thankyou AdminModerator, you have saved me from many many flames. Typing is not my strong suit. This is sad news, the fallout will be big.

That's a much better post :)

240 posted on 03/30/2005 1:27:46 PM PST by Centurion2000 (Nations do not survive by setting examples for others. Nations survive by making examples of others)
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