| did you read the brief of the latest petition to the 11th ?
|
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.
Love of a child is not insane. Refusal to face facts and admit that the child is gone is what is insane. Dragging the conservative movement into this quaqmire (though I doubt that the Schindlers themselves are conservative at all) is insane. Rampaging hatred against the World is insane. Pretending that there is some gigantic conspiracy to kill Terri is insane.
The contention that would allow the PVS diagnosis to stand is that she CAN'T feel anything. Now you speak of her suffering? Either she can feel or she can't. If she can feel, and by extension suffer, she isn't in a PVS and cannot be murdered in such a manner. If she cannot feel, then she cannot suffer, so what is the harm in allowing her parents to care for her for the rest of her limited lifespan.
It is a circular argument that the courts refuse to look at.
| did you read the brief of the latest petition to the 11th ?
|
Dear Lunatic Fringe,
"Yeah, because the Nazi extermination machine is exactly the same as a husband wanting to end the suffering of his wife.
"May you never be in a situation where you are left to suffer for 15 years while your family squabbles over how to deal with you."
Gee, and all this time, we've been told that folks who are PVS don't feel any pain, that they don't suffer.
sitetest
Telling people the truth is love. Pretending that something positive for Terri can come from this is far from love. Dragging out a death for years unnecessarily is far from love.
I'm sure that was the motto of the SS.
For a second there I thought you'd abandoned your TV miniseries book cover. Guess not.
Don't you know that people have the right to CHOOSE when they die? sarcasm off/
Some people around here are starting to sound like those who murder babies in the womb. Oh, but thats right, they have the right to CHOOSE to murder their baby.
"You really ought to sue your high school for educational malpractice if that's what you learned in civics class. No court knows "all along" how it will rule, and no judge "yanked around" anyone."
And you really ought to live in the real world. In theory everything you wrote is true. But can we leave the classroom and step into reality. We have a federal judiciary which is loaded with activist judges that are sitting around waiting for cases to fall in their laps that will allow them to rule certain ways on various issues. These judges have agendas they are trying to forward. To imagine that this court hasn't already made up its mind on any future rulings in this case when faced with any future appeals is naive. The extension of the deadline to appeal to this court was cruel by the court. This would qualify as "yanking around" by any definition of the term.
"When a motion or petition is filed, the judges have to review the pleading and examine the applicable case law before even beginning to formulate a ruling."
Oh come on! Do you really believe this? You have a lot more faith in the 11th Circuit and the judicial system in general than I do. This court just last week (I think it's only been a week) denied a review of this case that the Congress specifically requested. There is no way possible that they reviewed the documentation and evidence related to this case as quickly as they ruled. They punted. The Congress said review the evidence and the federal jucidial system said screw you.
Perhaps the judges are more culpable, and I'm certainly not suggesting that Terri's dying is Jeb's "fault"; however, some people get "fault" mixed up with "duty", "responsibility", or "obligation". Of course, MS is the one at fault. The courts SHOULD have prevented him from doing what he's doing, due to his many conflict of interests. The courts failed the Schindlers. Some would suggest that they had horrible legal representation. There's probably a great deal of merit to that as well. There's plenty of "blame" to go around; however, MS isn't about to change his mind, the courts aren't about to change, etc. There is ONE person who has more authority to intervene than anyone else at this moment. That is JEB. That is why the pressure is on him. Does he "deserve" to be put in this position? Perhaps, not. But you know what? Life isn't fair sometimes. We would expect a liberal democrat to not do anything, but JEB is supposed to make a difference. I'm not discounting all he's already done. That's great; however, this is an extraordinary case and it evidently will require extraordinary action on his part. I'm now convinced that he isn't going to do anything and will be probably be resistant to anything that could help her. He's probably figuring it's too late.
Wouldn't that be something if Jesse Jackson could get the votes and a new bill was passed? Jesse would be the Schindler's and right-to-lifers hero, as Jeb slinks away silently. Never thought I'd see the day, but that's Terri's best chance I'm afraid.
YOU = rule of law must be followed blindly... must be followed blindly... must be followed blindly.
Judges are all knowing... judges are all knowing....
Guardian cannot deny normal medical treatment for no valid reason. His refusal must be reasonable.
Stop Obesity - Remove Hillary's Feeding Tube!
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They tried AS DID her husband for years to escape the reality of the situation. There comes a time when the best is to let the loved one go home to her maker. THAT is the true test of love not some selfish clinging to a shell and sham.
Occasionally you hear of some poor soul who have the corpse of a loved one still at home in bed for months or years after the death. That is love too but madness.
well maybe because you are so focused on the proterri side you are oblivious to that on your own side. it IS obvious and palpable, yes, even here on FR.
Am I allowed to pray in church with hundreds of other people?
Santorum voted for the watered-down bill allowing the judge discretion, and is now just pimping for votes at the expense of the judiciary.
I was down at the hospice last week, and another Terri supporter who lives in Pinellas County told me that when Greer ran for reelection last year, the Schiavo case (with which he had been involved for a long time) was never even mentioned in the press. She said Greer's opponent was very good, but Greer is so tied in with the powerful in that community that he was reelected with ease.
Greer is a swamp judge, as you say, but he has a lot of influence there. I don't think Bush was being a political coward; I think he was simply unwilling to risk bloodshed (of others) because that is certainly what would have happened. Greer controls the police and ordered them not to let anybody in without him or an order from him. I don't see that a few dead or even arrested DCF workers would have helped the cause much.
I think we're underestimating the power of Greer and all judges; they simply are more powerful than the executive and legislative branches now, and they seem to have taken command of police powers, as well.
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No, but it possible to divine their claims by reading the