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.
There is a reason: He is afraid.
They make it sound like if you're PVS you got to go, and maybe that's the case. I strongly suggest no one make a living will like that because it will be used against you. And watch out what sorts of statements you make or it will be "well, you once said it so too bad, so sad, you gots to DIE DIE DIE!" Just so Felos can get his jollies.
KOW meant KNOW
IIRC, she was a prosecutor.
My statement was perfectly congruent with the rulings in this case.
"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."
Birch went on to scold President Bush and Congress for their attempts to intervene in the judicial process, by saying: "In resolving the Schiavo controversy, it is my judgment that, despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people - our Constitution."
A bunch of cowards not willing to say whether or nor the law just passed by Congress is constitutional.....
"NOW IS KOW WHAT THE ABUSE BUTTON IS FOR! "
Huh?
WHAT? Is she high?
Frankly, I don't CARE about SS that much. To me it's a red herring compared to CLEAR and PRESENT dangers the Republic is facing RIGHT HERE and RIGHT NOW!
You are a newbie undermining the rule of law by posting irrational and virulent attacks on the Bushes for not ignoring the law like a tinhorn dictator.
Judge Greer, thanks for your comments...
One last time:
Actually doing research on Michael Schiavo being an abusive spouse is not entirely clear. For one thing, the courts granted his petition to seal medical records for Terri up until 2002, so they didn't have the evidence until then. I'm not sure if the statute of limitations apply.
Some doctors at CodeBlueBlog have been analyzing the medical history of Terri in 1990 after she was admitted after her "collapse". Their startling conclusion: her brain damage did not happen before being hospitalized, but AFTER. On what basis? Her CT scans were perfectly fine until over a month after admittance. Another conclusion: she was hit over the head or dropped on her head, causing internal bleeding WHILE IN THE HOSPITAL. Basis: the CT scan history.
In another of their blogs, they analyze her 1996 CT scan and notice a shunt tip in her scan. Conclusion: remove that and her brain functions may improve dramatically. Basis: medical experience.
NEXT: abuse was thoroughly investigated by the courts? Not at all. Despite all the allegations, despite a psychologist expert witness testifying that Michael Schiavo fits the profile of a wife abuser and recommended investigating him for causing injuries to her, despite suspicious in-admittance forensic evidence of physical trauma (femur, ribs, neck) and probable strangulation, the courts DID NOT HEAR the allegations at all. THEY DID NOT INVESTIGATE despite complaints, even to the police.
NEXT: Mr Schiavo has no option since it is expensive to pay for Terri's upkeep? Then whatever happened to over $1 million that was won in a malpractice lawsuit on Terri's behalf in 1993? The reason why that amount was awarded was for her care. But court records show that Mr. Schiavo DISALLOWED ALL TREATMENTS AND REHAB almost immediately after winning that lawsuit. By 1998, almost $700,000 was still in Terri's funds (the original award for her was $700,000; $300,000 went to Michael as guardian). Since no rehab and treatment was sought since 1993, and since Terri's upkeep in hospice is paid for by Medicaid, WHAT IS ALL THAT MONEY DOING SITTING THERE UNUSED?
http://64.233.167.104/search?q=cache:cWZkrgHNfUkJ:treyjackson.typepad.com/junction/2005/03/video_scarborou_4.html+%22dropped+on+her+head%22+Terri&hl=en
Correction. Murder is the deliberate, malicious shedding of innocent blood. Whether or not it is legal according to the state is irrelevant.
May the soft rain from Heaven drop gently on you and quell your burning anger. May you be washed free of unrest and discontent and your tension be relieved. And may your heart be sofened to allow that when you encounter peaceful peoples of faith you quietly accept the equal value of their rights. Amen.
They don't strike me as insane. Felos does.
The bible also says to spread God's word.
Bingo. It is much easier to grandstand and be holier-than-everyone when they don't have to consider tearing down the whole system of government themselves.
I'm not sure what I said but I sure got my post jerked. If it's the one I think it was I assure you I was only advocating defensive measures.
That's much better than the post that got pulled, IMO.
Naw, I think it was something specific. It's like O'Reilly and the blackmail from the rats. He just caved so suddenly. I think it must be blackmail.
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