At left, George GreerSoon starring in the hit movie
They Starve "Bulimics," Don't They?
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.
I feel guilty eating anything whenever I think about what's happening to this woman.
This may come as a shock to you, but the fact that there is an alternative interpretation, either by Charles Wilson or by you, does not mean that the alternative is correct.
Okay fine, I didn't know the Circuit Court's rules and I got it wrong. Happy?
The Schindlers' lawyers SUCK.
Anyone semi-rational will be accused of being heartless by those willing to believe the Schindlers. And I haven't even discussed the financial implications of a Schindler win.
This is a disaster for conservatives and will come back to haunt us. The Schindleristas have thrown every conservative principle over for political expediency and you are right to fear their impact. Any time emotion trumps rationality there is reason to fear.
Even if the total time of 'near' conscious reaction totaled one second out of a years worth of video, it destroys the diagnosis of PVS. The total time is considerably more than one second, however. I did believe the Rodney King video. The whole video, not the edited for TV snippets. The Schiavo videos are edited to show only the most telling moments. Does it matter if she fades in and out? No. None of us are wholly conscious 100% of the time. It is more pronounced with brain damaged people, is all. Autistic children exhibit the same tendency. The doctors are not all in agreement on Terri, by the way.
Courts are very reluctant to overturn decisions that are legally defensible, even if flawed. You cite hundreds of times, but more than 100 people have been released from death row because the courts didn't overturn bad rulings. These cases had been all the way up to SCOTUS and back, some more than once, with the guilty verdict upheld each time. Turns out that the guilty verdict was wrong, as DNA proved the rulings not only flawed, but wrong. Without DNA, these people would have been executed. Whatever happened to "better to let a hundred guilty men go free, than convict a innocent man"? It has become "better to convict a hundred innocent men, than let one guilty man free." Greer ruled that the friends weren't credible because he thought Quinlan died in 1977. Since they weren't credible, the 'only' testimony he had to go by was Scott and Joan Schiavo's that Terri would want to die. Karen Ann Quinlan died in 1985. Flawed ruling. Flawed result. But all completely legal, mind you.
There is no great conspiracy here. Felos saw a perfect case to launch his euthanasia campaign. He knew exactly how to manipulate the system to get what he wanted, and he got it. Now he has his case law. See what is happening in Holland? It will happen here.
And lastly, the Schindlers are desperately trying to save the life of their daughter. I cannot blame them. Occam's Razor isn't applicable to every instance. This is one of them. George Soro's money trumps Occam's Razor here. Ever hear of Agenda 21?
"A majority of the cold-hearted, law-ignoring a**holes on this court are Republican appointees.
Murdering scum."
Yep, and everyone was SO happy when they got their jobs. They were going to be strict constructionalists and constitutionalists, not make bench law nor make dangerous precedent. They were going to keep those libs in check by not allowing everyone to charge cases with pure emotion but to stick to the FACTS and to the CONSTITUTION.
Now when they DO what they were SUPPOSED to DO, everyone does a big poo-poo all over them.
Conservative judicial activism... liberal judicial activism... It's still JUDICIAL ACTIVISM, and it's what CONSERVATIVES have been FIGHTING for YEARS.
Game over, kids. We just became the beast.
The facts are not hard to ascertain. Terri still has the portion of the brain which handles autonomic functions but nothing of the portions which actually make us who we are which provide for voluntary action, give us our personality and harbor our spirit.
That is the true person not some body barely capable of living at the lowest possible level when supported by artificial means including feeding tubes. I mere physiological process is not a life I would want to maintain.
There is nothing cruel in allowing her to complete her death the only cruelty is to keep her like this to further an political agenda. People die like this everyday with little controversy.
At left, George GreerDon't know what was deleted or why.
Life is more than a mere physiological process which is all that is left of TErri.
Absolutely. Well said.
Don't eat remember, beer cures all, if taken in abundant quantities.
Stones. Throwing. Example.
But don't pretend that the courts hands were tied by the pleadings either.
They did not act because they did not want to act,and that is where the responsibility will lie.
I bet he sleeps just fine, except for the pro-lifers throwing bricks at his house.
Because her body is being kept at a minimal level of existence. That is the least important part of a person. Her spirit is not being allowed to complete its journey to heaven. THAT is a fate worse than death because with death the spirit is freed and I have no reason to doubt that she would be with God.
They didn't follow the statute or obvious legislative intent in this case.
Congress wanted a de novo review (new fact-finding). That can't be done when she is dead.
I consider this to be judicial activism, ignoring the language of the statute and Congressional intent.
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