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 are questions based upon false assumptions.
There has been no campaign to keep the courts from losing power though such a thought is certainly in keeping with the ridiculous rhetoric of conspiracy spouted by the Schindler's allies. In fact, had the courts ruled in favor of the Schindlers they would be praised as heroes as Jesse Jerkson has been for his grandstanding.
This case is unusual only in that there is a political movement built around it. Any given day there are thousands of cases like this in the country and life support is removed without controversy. No one in their right mind believes this is anything to fear. It in no way is an example of a "runaway judiciary." However it will cause great damage to the real issues conservatives are concerned with: banning same sex marriage, judicial reform and anti-abortion actions. Now the rational will be tarred with these nutcases as our allies.
11th Circuit Court Rejects Schiavo Appeal
as America slips and slides into tyranny and Third Worldism.
you progeny will damn you all for the future you are leaving them.
You say, Jeb, it's not too late to take action. Please!
Jeb is a coward.
Thanks, I appreciate links straight to the decision.
I heard that, and it was couched in very tentative language. Don't expect Republicans in the Congress to do anything about the judicial nose-thumbing they've just received. The Bush brothers have given them an example of craven cowardice, and that example also translates into a message: """Hunker down until this all blows over; Terri will be cremated and people will forget; freepers will soon go back to praising Bush as a fearless leader."""
So, does that mean the courts are done playing this cruel game with the Schindlers of "Raise Their Hopes, Only to Dash Them Again"?
I would like to know on what basis the american public ,who approve of the execution of Terri,can feign horror at beheadings of innocents in various parts of the world.
Have you ever met a judge? Most of them are utter tools. Remmber - they are LAWYERS. Enough said.
With all the rhetoric that has flown over the past week and a half, has ANYONE even attempted to answer that question?
Whose? The court or Terri's???!!!
Lin was spinning frantically. Jesse stopped her short.
Terri has been gone for years. I don't pretend like the True Believers that anything can change that.
You've nothing to worry about any longer, the nut cases are no longer your allies.
"Findings of fact" as they're called are very difficult to overturn.
She has been a prisoner for years -- because of vermin whom you support in lockstep.
God bless you for even watching. I can't bear to turn on the TV anymore.
As a matter of fact, I'm going to get up, log off, and take my 3 kids outside for a while before dinner.
They seem to stick together very well don't they, no matter how wrong.
This is not a fight for your rights this is a legalistic jihad carriedy out by parents who cannot face facts. Terri has had her rights adjudicated for over a decade and that has dragged out her death far too long. She should be left alone to go to her maker.
Why are you people so afraid of death?
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