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.

[drt1]

"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?"

Well said Twinkie. Just Shut Up has all the answers, we are ll delusional, ignorant, hysterical people and his will be done. Just Shut Up, are you a Judge in Panellas County by any chance?

[syriacus]

Free Terri from her horror.

There. There. Calm down.

Don't worry about Terri feeling any sort of horror.

Felos promises that she has no feelings
Screwy things that the "Kill-Terri" hordes have said and done

[northernlightsII]

Death cult advocate, what is your contention? Why don't we just nuke the whole world and send humanity packing to life everlasting.
I don't recognize your statement as to Terri's fate being worse then death since you have no personal knowledge of death unless you are also channeling like Felos.

[justshutupandtakeit]

The "proterri" side wants her freed from this horror not chained indefinitely to a lost cause. I know what I have faced here and for months did not post on these threads because of this vicous hatred. Now they are about all that is left.

There is nothing close in expression of hatred since the ones who accept reality do not have to attack judges, doctors, husbands, hospice, the President or the governor to rationalize its repeated defeats in every area. I don't know whom we are supposed to hate.

Are you really so blind as to not see the attacks on the Bushes because their efforts are deemed insufficient? I mean what is that?

[lugsoul]

First, you are trying to dodge the fact that you misstated what they did. Why not just own up to it and move on?

Second, the 11th Circuit was not required to conduct a de novo review - the District Court was required to conduct a de novo review of violations of Terri's Federal constitutional rights. Unfortunately, the hyperbole spewing lawyers decided to make their TRO motion about Greer's prior actions, which necessitates that those actions in the underlying case be the basis of the review. And the Federal case, by the very terms of Terri's law, did not involve de novo review of state law issues - it dealt only with deprivation of Federal constitutional rights - for some reason, it wasn't submitted to Whittemore on that basis.

A little honesty and accuracy would go a long, long way around here these days...

[syriacus]

Es tut mir wirklich leid. Typo.

I've noticed the same typo on a lot of web pages. Good thing Germans are tinkering with their alphabet.

[sitetest]

Dear thoughtomator,

Gee whiz. When will you learn. The law is what the judges say it is.

Of course, since we've now moved to a "kritocracy" (rule by judges - see St. Johann Tetzel on the Religion Forum), it seems to me we could really streamline the government. Get rid of those useless legislators, get rid of the redundant president and governors.

Think of the savings! We could cut taxes more! Shore up Social Security!!

We don't need no stinkin' co-equal branches. We got JUDGES! And lots of the little cockcroaches!!


sitetest

[Reaganwuzthebest]

At least one, a Clinton appointee..

It's kind of sad when you have to turn to democrats for relief from injustice.

[storm_dragon]

. Terri is in a persistent vegetative state. She's been like this for over a decade, and isn't getting any better, just worse.

2. You could give Terri all the food and water you want, but it isn't going to help her.

3. Her cerebral cortex is all but gone. It's highly doubtful she even has a functioning nervous system of any capacity, so unlikely she "feels" anything.

4. Terri is likewise a prisoner though, but in her own body. The prisoner in your example can at least play tic-tac-toe, speak with other prisoners or the guard, etc. Terri doesn't even have such luxuries, she's completely unable to communicate with the world. Can you imagine such a position?

We show terminal pets more compassion than we do our fellow man. We still see terminal patients today who want to end their suffering of their own will, and yet are denied it by law.

In this case, the law provides that decision making power to the spouse, and yet still others continue to try and revert it....even though time after time, the law is made very clear...

[SolomoninSouthDakota]

Euthanasia is simply not an option for a Catholic. Terri would not have wanted it.

Definitive teaching of Catholicism, as per the Catechism of the Catholic Church and Pope JPII:

Catechism # 2276 Those whose lives are diminished or weakened deserve special respect. Sick or handicapped persons should be helped to lead lives as normal as possible.

Thus an act or omission which, of itself or by intention, causes death in order to eliminate suffering constitutes a murder gravely contrary to the dignity of the human person and to the respect due to the living God, his Creator. The error of judgment into which one can fall in good faith does not change the nature of this murderous act, which must always be forbidden and excluded.

ADDRESS OF POPE JOHN PAUL II TO THE PARTICIPANTS IN THE INTERNATIONAL CONGRESS ON "LIFE-SUSTAINING TREATMENTS AND VEGETATIVE STATE: SCIENTIFIC ADVANCES AND ETHICAL DILEMMAS"

The sick person in a vegetative state, awaiting recovery or a natural end, still has the right to basic health care (nutrition, hydration, cleanliness, warmth, etc.), and to the prevention of complications related to his confinement to bed. He also has the right to appropriate rehabilitative care and to be monitored for clinical signs of eventual recovery.

I should like particularly to underline how the administration of water and food, even when provided by artificial means, always represents a natural means of preserving life, not a medical act. Its use, furthermore, should be considered, in principle, ordinary and proportionate, and as such morally obligatory, insofar as and until it is seen to have attained its proper finality, which in the present case consists in providing nourishment to the patient and alleviation of his suffering.

The obligation to provide the "normal care due to the sick in such cases" (Congregation for the Doctrine of the Faith, Iura et Bona, p. IV) includes, in fact, the use of nutrition and hydration (cf. Pontifical Council "Cor Unum", Dans le Cadre, 2, 4, 4; Pontifical Council for Pastoral Assistance to Health Care Workers, Charter of Health Care Workers, n. 120). The evaluation of probabilities, founded on waning hopes for recovery when the vegetative state is prolonged beyond a year, cannot ethically justify the cessation or interruption of minimal care for the patient, including nutrition and hydration. Death by starvation or dehydration is, in fact, the only possible outcome as a result of their withdrawal. In this sense it ends up becoming, if done knowingly and willingly, true and proper euthanasia by omission.

In this regard, I recall what I wrote in the Encyclical Evangelium Vitae, making it clear that "by euthanasia in the true and proper sense must be understood an action or omission which by its very nature and intention brings about death, with the purpose of eliminating all pain"; such an act is always "a serious violation of the law of God, since it is the deliberate and morally unacceptable killing of a human person" (n. 65).

This is not hard to understand. So you may say, "She is next to dead already; we have to follow through with it.'
To which i say, "No, we don't. We repent and give her the best we have to offer medically. There is morphine and such to ease pain as she recovers."

[northernlightsII]

Read Wilson's dissent and the All Writs Act.

[justshutupandtakeit]

Years of efforts to no avail woke him up. Trying experimental therapies as a last resort woke him up. Going to nursing school in an effort to help Terri woke him up. You people cannot rationally discuss this and must fall back on ludicrous attacks on him, the judges, the doctors, the hospice and anyone not willing to accept the opinon of cranks.

When I knew little of the case it was such attacks as that which convinced me that there was something afoot and it wasn't good. Then the conspiracy theories cinced it.

[xsmommy]

you are describing a small minority of freepers who are calling for armed insurrection and the bushes heads on platters. yes, they discredit themselves with their vitriol. BUT, i have followed the thread that purports to be the bastion of sanity and the level of hatred, judgmentalism and vitriol there is nothing to sneeze at as well. there is plenty of SHAME to go around and merely casting blame on one side is being blind to reality.

[justshutupandtakeit]

I was speaking of what happens at the FR and would condemn any doing what you allege. That is pathetic and disgusting. But here we are called Nazis, commies and worse. Look at the absurd attempt to equate the murder of six million with this it is typical.

[lugsoul]

I have.

I guess we have now reached the day when a published dissent is now assumed to be a correct interpretation of the law. Ruth Bader Ginsburg will thank you.

As I previously stated, I'll gladly further this exchange with you when you decide not to ascribe positions to me other than those I've stated. Until then, do not ping me.

[k2blader]

I'm not Catholic, but I agree euthanasia, which is essentially legalized murder, is immoral.

[northernlightsII]

The award in the negligence case was the memory trigger. The timeline is very clear, and the first guardian ad litem stated the obvious conflict of interest of MS and was therefore promptly removed.

[northernlightsII]

The dissent explains how a court could have overlooked any deficiency in the pleading.
The majority did not address All Writs.

[justshutupandtakeit]

Your last paragraph is simply false and indicative of the willingness to believe falsehoods based upon nothing. The court did EXACTLY what Congress asked. AND it is one of the most conservative Districts in the nation.

[newzjunkey]

I can't stand O'Reilly** but I have to COMMEND him on his radio show today. He chose to stick to the FACTS of the case and not dabble in bizarre, destructive and poisonous speculation. She'll never recover, she's not talking, doesn't know of her surroundings. Her family began this feud when Michael refused them 50% of the malpractice settlement some 3 yrs in. Early on when it could have been most helpful she had therapy, even an experimental device implanted in her brain. Five doctors testified. Two for Michael, one appointed by the court--all neurologists. The family's "experts" were the "Nobel-prize nominated" (a debunked claim! He was also disciplined by the FL medical board for failure to provide services paid for) neurologist with his own clinic and unorthodox "treatment" and a radiologist (not neurologist). From the inexpertness of one and the "shill" statue of the other they had to hunt high-and-low for "experts" for their side. Michael became a nurse in response to Terri's original need for care. Her own mother in court statements, two years after Terri's brain damage, said Michael should begin dating other women. Her family are abusing the good will of fundamentalist Christian conservatives and those with limited access to facts (or willful ignorance like some in talk radio i.e. Hannity) in this fight. Morphine is SOP, it is protocol, in all such cases. It is not evidence of a belief or admission there is any sensation of pain. There is no electric activity, her cerebral cortex is dead, her brain has shrunk and skull filled with cerebralspinal fluid. What remains are autonomic functions. Her only 'sense' of her world now is the same blankness experienced under general anesthetic. It's a sad thing but the individual known as Terri died 15 yrs ago.

** Between his lying to Drudge about plans for a radio show opposite Rush and his recent settlement over sexual harassment, it's amazing he has so many devotees.