11th Circuit Court Rejects Schiavo Appeal

ABC ^ | Mar 30, 2005 | RON WORD Associated Press Writer

[jpsb]

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.

[northernlightsII]

I can't wait to hear Hewitt's take on that statement.
A new power for the judiciary the scolding power.
The pompous lawyer in a dress knows very well that the law is not unconstitutional,because if they had thought for 1 second that they could strike it down they would have done it.
So now we have "Scolding of Congress"

[ex 98C MI Dude]

Funny, you mouth (post) the words, using them to call others hypocrites, but you say you have no belief in them.

A bit hypocritical of you, yes? If those words are to be wholly believed on their face, then any who go to church or synagogue are found to be hypocrites in the eyes of God.

That is not what they meant. You read the words, but have no true understanding of them. Yes, I know your argument that you study them more than most, yada, yada, yada. You may study them all you wish. You understand them not.

[johnb838]

Thank You. I have to protect my reputation as an angry man but one that doesn't go over the line. Too much.

[Diogenesis]

Mineral man causes trouble here because he want Terri dead.

Official flag of Pinellas county, Florida - The State of Human Torture and Prolonged Starvation

HEALTHFUL DRINKS WITH WARM MEALS SINCE THE ORDER-TO-MURDER-AN-INVALID BY JUDGE GREER
Subhuman scumbag Torturer and Murderer-At-Will Pinellas County Judgenfuhrer Greer ..... 55
..................................................................... Terri Shiavo 0
...................................................................... Lee Malvo 48
................................................................. Scott Peterson 47

[Lunatic Fringe]

Silence, you! How dare you disagree with the masses!

[Ernest_at_the_Beach]

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."

Now that is REALLY ARROGANT!!

[lugsoul]

Oh. From your posts I wasn't aware that you support the rulings in this case. My bad.

[johnb838]

Well, I have to admit that Mineral Man and Howlin are two freepers I am very surprised at.

[Lunatic Fringe]

Comparing this case to Nazism?

I think someone needs a history lesson.

[johnb838]

Sucks too, I used to really like Clearwater.

[MineralMan]

"Mineral man causes trouble here because he want Terri dead."
HEALTHFUL DRINKS WITH WARM MEALS SINCE THE ORDER-TO-MURDER-AN-INVALID BY JUDGE GREER
Subhuman scumbag Torturer and Murderer-At-Will Pinellas County Judgenfuhrer Greer ..... 55
..................................................................... Terri Shiavo 0
...................................................................... Lee Malvo 48
................................................................. Scott Peterson 47"

---

Your first statement is untrue. I wish nobody dead. Please do not make untruthful statements about what I want.

As for your count, how many drinks and meals for Diogenesis?

[kingattax]

did you read the brief of the latest petition to the 11th ?

if so, do you have a link please ?

[Diogenesis]

May this start YOUR history lesson, LF.

" 9. Between September 1939 and April 1945 the defendants Karl Brandt, Blome, Brack, and Hoven unlawfully, willfully, and knowingly committed war crimes, as defined by Article II of Control Council Law No. 10, in that they were principals in, accessories to, ordered, abetted, took a consenting part in, and were connected with plans and enterprises involving the execution of the so-called "euthanasia" program of the German Reich in the course of which the defendants herein murdered hundreds of thousands of human beings, including nationals of German-occupied countries. This program involved the systematic and secret execution of the aged, insane, incurably ill, of deformed children, and other persons, by gas, lethal injections, and diverse other means in nursing homes, hospitals, and asylums. Such persons were regarded as "useless eaters" and a burden to the German war machine. The relatives of these victims were informed that they died from natural causes, such as heart failure. German doctors involved in the "euthanasia" program were also sent to Eastern occupied countries to assist in the mass extermination of Jews."

[ Count 2, section 9, of the indictment in "the Doctor's Trial" at the Nuremberg war crimes trial;
United States Holocaust Memorial Museum ]

[northernlightsII]

No I am just repeating the bleeting heard here by ones such as you that it was duly considered by the courts and the rule of law.
The rule of law for those like you would seem to be that you can withold antibiotics for no valid medical reason.
Yet you object.

[Zechariah_8_13]

Murder is killing another person illegally, with malice aforethought.

Your moral compass is defined by the courts?

[oprahstheantichrist]

"A part of America, in my eyes, will die with Terri. If God is just, and I know He is, then we will NOT escape the reckoning to come. Deservedly so."

I'm glad it's not just me that's seeing this. It's not just the judicial failure, but the mass approval by ordinary people. It's as if the entire case is a litmus test for our culture, and we've bombed, big time. I expect judgement.

[spokeshave]

"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"

And would that "experimental" brain therapy complete with implanted electrodes have anythingb to do with this.........?

Could some brain matter have been sucked out while those electrodes were fitted........?

Abortionists do it every day.

And who was the "doctor" and where was it done in California enquiring minds (non sucked) seek to know.............

[churchillbuff]

avoiding a potential armed confrontation """

If the local police were on orders -- from the judge? -- to shoot state authorities, doesn't that amount to an insurrection? Where does the judge get that authority? Why would Jeb, without any public complaint, let a judge usurp such power and threat to have state officers shot?

This looks to me like a mini-rebellion. And Jeb looks like a wimp -- and more than a wimp, a chief executive who surrendered powers to a member of another branch, and thereby subverted the constitution and separation of powers.

[ex 98C MI Dude]

One name makes this an apt comparison. Maximilian Kolbe.

He didn't starve fast enough, though. He held out too long, and was eventually killed by carbolic acid injected into his veins.