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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: Diogenesis

Very nice work Diogenesis!!


381 posted on 03/30/2005 2:22:32 PM PST by syriacus (Liberals + logic - these two don't mix. Post kindly + carry a BIG font. We musn't starve bulimics)
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To: northernlightsII
Anything at the expense of the judiciary is capital well spent.

Santorum: Bringing the definition of political whore to new heights, since he's doing it over the body of a soon to be dead woman. I didn't think a senator would stoop so low.

However, I fully expected this from the extortionist Jesse Jackson.

382 posted on 03/30/2005 2:22:33 PM PST by antiRepublicrat
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To: justshutupandtakeit
What should Dudley Doright do if the judge orders him not to save Nell?

Image hosted by Photobucket.com

383 posted on 03/30/2005 2:23:04 PM PST by Fitzcarraldo
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To: SendShaqtoIraq
Show us the law that says Terri must be starved to death.

Emanating penumbras of Florida and U.S. Constitutions that state judges are gods who walk the earth, choosing who lives and who dies upon whims that should never be questioned by mere mortals.

384 posted on 03/30/2005 2:23:19 PM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: ex 98C MI Dude

You probably believed the video shown of the Rodney King arrest showed the whole story too. Selective editing of six hours or more of video to produce a couple of seconds of near conscious reactions is not very convincing.

The doctor hired by both parties agreed she was gone but it wouldn't matter it all the Schindlers could find to support them was a homeless blind man they would go with that opinion rather than those of every doctor in the world.

Where does this idea that courts are reluctant to overturn each other come from when clearly they do just that on an hourly basis hundreds of times a year? Can't you see the kind of arguments you have to fall back on to support the Schindlers? They are paranoic in the worst degree.

These people depend on lies, distortions and the wildest conspiracy theories imaginable. I don't believe a word out of the Schindler camp which depends totally upon the rejection of the principle of Occam's Razor.


385 posted on 03/30/2005 2:23:28 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: northernlightsII

Death is nothing a Christian should fear. Pretending that what Terri is experiencing is not worse than death is not an option. Would you want to be in such a state when there is a glorious home awaiting on the other side?


386 posted on 03/30/2005 2:24:53 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: Reaganwuzthebest
Do we have any judges with a conscience in this country?

At least one, a Clinton appointee..

387 posted on 03/30/2005 2:25:04 PM PST by k2blader (It is neither compassionate nor conservative to support the expansion of socialism.)
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To: MineralMan
Now that you see the truth in my intent, please go back and re-read the first prayer. It was certainly not an angry one. It was a loving plea to Our Lord, Jesus Christ who loves us all. And who is most compassionate for those who are in need. Especially those coming ever closer to a renewed life with Him.

Ahhh, might you find the peace that prayer can provide at times of stress. Then you will feel true happiness in remaining quiet when tempted to strike out and offer caustic comments or clever quips designed to hurt.

The higher road is always one more pleasant to travel and walking with the dignity of quiet patience and understanding in your heart will bring you greater respect. I hope the sun is shining in your spot of the world in the beaches of life.

Image Hosted by ImageShack.us

And I will pray that this same light shines brightly through the windows of the Hospice center for Terri. In her final moments may she be warmed by its rays and blessed by the God who sent it to enrapture her soul. Amen

388 posted on 03/30/2005 2:25:53 PM PST by CitizenM (An excuse is worse and more terrible than a lie, for an excuse is a lie guarded. Pope John Paul II)
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To: Calif Conservative
"Specifically, what is it that the brothers Bush should have done from their respective perspectives? "

Put Greer in a jail.

389 posted on 03/30/2005 2:25:54 PM PST by jpsb
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To: antiRepublicrat
Meine Ehre Heist Treue"

Heist? What does "heist" mean?

Ich verstehe nicht.

390 posted on 03/30/2005 2:26:38 PM PST by syriacus (Liberals + logic - these two don't mix. Post kindly + carry a BIG font. We musn't starve bulimics)
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To: justshutupandtakeit

That's utterly fascinating. Thank you, Jesus.


391 posted on 03/30/2005 2:26:39 PM PST by WhistlingPastTheGraveyard (Ghoul Power!)
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To: Diogenesis
The POTUS did everything he could, and then some.

All he did was sign off on an ineffective law that merely gave a federal court a run at a case according to current law -- current law that had resulted in rulings for Michael Schiavo every time so far. Jeb Bush tried more than George Bush.

392 posted on 03/30/2005 2:27:22 PM PST by antiRepublicrat
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To: Gucho

There is no joy in this but at some point it must end. There was no joy for me when my wife passed but there was great joy that she was going home and was freed from the horror engulfing her. Fortunately she didn't have a family which refused to accept reality. Free Terri from her horror.


393 posted on 03/30/2005 2:27:39 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: justshutupandtakeit

I wonder who will come off as seeming insane at the end of this matter.

When Mikey Shiavo decided to engage in a conflict of interest (Jodi), all bets were off and evidently as soon as the big settlement came in, oops, he forgot, Terri wanted to "die" right away. The Schindlers wanted her, he obviously didn't. He wanted Jodi. He got Jodi. Mikey is used to getting what Mikey wants. Jodi better be forewarned that Mikey gets his way, and his big control project is about over; he's soon going to experience withdrawal. The only thing is Terri isn't dying all nice and neat in just a day or two. . and with every moment she lives, Mikey, Felos and Greer are looking like the capricious, conniving group of three they are. No. I don't like Mikey. I pray for Mikey as I consider him my enemy and Terri's enemy, and the enemy of everything that is decent and good. I'll risk drawing from that tool box.

If the Schindlers had wanted to purchase a Breeko block or a head of cabbage and take them home, build an altar to them, bring them food and water each day as an offering, love them and worship them, OR bring Terri home with them and take her food and water and REHAB every day as an offering - what is that to little Mikey Shiavo, or to YOU?
For someone who desperately WANTS TO DIE, Terri is putting up one heck of a fight to live. Shame. Shame. Shame. Slander? The knowledge that Mikey Shiavo has had "consortium" big time with another woman which should have established enough reasonable doubt as to his motive and intent as guardian of Terri is all I need to know about this case without all the other stuff. Conflict should have removed him as guardian in my unhumble opinion.


394 posted on 03/30/2005 2:27:43 PM PST by Twinkie
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To: antiRepublicrat

Santorum spoke up a long time ago in order that there would not be a corpse.


395 posted on 03/30/2005 2:27:56 PM PST by northernlightsII
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To: Calif Conservative
A lot of folks tell the President and the Florida governor to "step up."

Yes they do and they refer to what Reagan would have done. Interestingly enough I found a speech that Reagan delivered in 1983 where he specifically referred to a court ordered starvation of a brain damaged infant the previous year. I have asked, what did Reagan do and haven't yet received an answer. That's almost 25 years ago and these people want to blame the Bush brothers? It seems to me that we have all failed for years and years and years. At least the Governor and President went to extraordinary lengths and put this issue square in front of us all. What happens next is still up to us.

396 posted on 03/30/2005 2:27:59 PM PST by Dolphy
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To: jpsb

As much as I admire the current President Bush, that's how much I am ashamed of the elder President Bush, and the people he put in the federal judiciary.

The elder Bush was (and apparently remains) the prototypical country club Republican, worried only about maintaining some semblence of power amongst his click.

How else to explain the elder Bush's tax policies, his passage of laws mandating that every one-room business in America build expensive handicapped accessible facilities, his appointments of awful people to the US Supreme Court.

Ironic isn't it, how the sins of the father continue to reign down on the son.


397 posted on 03/30/2005 2:28:18 PM PST by Edit35
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To: lugsoul
They're also required by law to conduct a de novo review. But I guess they get to pick and choose which laws they feel like following, now?
398 posted on 03/30/2005 2:28:18 PM PST by thoughtomator (Order "Judges Gone Wild!" Only $19.95 have your credit card handy!)
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To: Melas
"this is getting cruel"

LOL, this hit cruel a long time ago, torture is what is now. And many many GOP and religious left voters are feeling the pain too. Out of respect for Terri and her family I am holding my fire until a more appropreate time. There will be payback.

399 posted on 03/30/2005 2:32:19 PM PST by jpsb
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To: syriacus
Ich verstehe nicht.

Es tut mir wirklich leid. Typo.

400 posted on 03/30/2005 2:32:28 PM PST by antiRepublicrat
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