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.

[Lunatic Fringe]

Jeb "Pontius" Bush has already wash his hands on this.

What was he supposed to do? Ignore the law? He has no power to change the laws, he can only enforce them

[isrul]

That was the problem. The law didn't say "must", it said "may".

[PigRigger]

May God Be with her and her family; it appears that questions regarding her being conscious are irrelevant in the eyes of the court.

May God forgive us all if she is....

[AFPhys]

Many of us are devastated by this.

Please, though, don't even try to suggest that a Democrat governor, congress, or president would have done better on this case. They would have required cremation before death.

[Norman Bates]

Save our sister Terri.

[jpsb]

Agreeing to hear an appeal they knew they would reject is pure cruelty.

Bump, all it did was take the heat off Fla legistrators.

[bluebeak]

he should have never held the press conference and performed his duties as governor. Typical coward politician looking for a way to have someone tell him not to do something/get involved.

He was question as the Press Conference on whether he would act ... and basically fumbled around and look cluelessly around to his legal aid to help him answer the question.

COWARD.!

And I'm mainly an economic conservative. He obviously doesn't believe in the equal branches of government and separation of powers.

PS: I think he asked Judge Rear if he could tie his shoes this morning.

[Kylie_04]

Well as far as they are concerned (and the MSM talking heads agree) the truth of the matter has already been determined by MANY judges! If I hear that li(n)e one more time I will puke. Shep Smith attempting to "educate" the public on the "facts" rather than emotion...SHE IS PVS according to the law - there IS NO question about that according to him just now. He and Lis Weihl and the rest of the media are making me ill.

[PhiKapMom]

The law passed by Congress asked "In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings." The Congressional bill below and quoted above to me looks like it did not order a de novo hearing -- they asked the Court to "determine" if a de novo hearing should be called. Some lawyer correct me if I am wrong please.

“Compromise Bill” Re: Terri Schiavo Signed Into Law

The “compromise bill” shown below was introduced on Saturday, March 19, 2005, passed by the U.S. Senate and House of Representatives on Sunday, March 20, 2005, and signed into law by President Bush early Monday morning on March 21, 2005.

According to lawyers for Terri Schiavo’s parents, the Bill is similar to a U.S. Senate Bill passed on Thursday “tailored to give the Federal District Court jurisdiction in the Schiavo case,” while the Bill originally proposed by the U.S. House of Representatives “sought broader legislation.”

---

AN ACT

For the relief of the parents of Theresa Marie Schiavo.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Related Links:

SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO.


The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

SEC. 2. PROCEDURE.

Any parent of Theresa Marie Schiavo shall have standing to bring a suit under this Act. The suit may be brought against any other person who was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo, or who may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.

SEC. 3. RELIEF.


After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

SEC. 4. TIME FOR FILING.

Notwithstanding any other time limitation, any suit or claim under this Act shall be timely if filed within 30 days after the date of enactment of this Act.
SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS.

Nothing in this Act shall be construed to create substantive rights not otherwise secured by the Constitution and laws of the United States or of the several States.

SEC. 6. NO EFFECT ON ASSISTING SUICIDE.

Nothing in this Act shall be construed to confer additional jurisdiction on any court to consider any claim related--
(1) to assisting suicide, or
(2) a State law regarding assisting suicide.

SEC. 7. NO PRECEDENT FOR FUTURE LEGISLATION.

Nothing in this Act shall constitute a precedent with respect to future legislation, including the provision of private relief bills.

SEC. 8. NO AFFECT ON THE PATIENT SELF-DETERMINATION ACT OF 1990.

Nothing in this Act shall affect the rights of any person under the Patient Self- Determination Act of 1990.

SEC. 9. SENSE OF THE CONGRESS.

It is the Sense of Congress that the 109th Congress should consider policies regarding the status and legal rights of incapacitated individuals who are incapable of making decisions concerning the provision, withholding, or withdrawal of foods, fluid, or medical care.

[JustPiper]

From personal experience I have voted NO and lobbied against judge's in Illinois...in my case the judge who MIStrialed my cass and the criminal is now sitting in Federal prison waiting to die, along with the so-called States attorney who was to represent me

[fromunda]

Sheer nonsense. Comments like yours make me wince - they are so utterly ridiculous. Unreal!!!

[combat_boots]

Strange words you chose there.......would it kill them.

Don't you know that justice, truth and law exist in different universes?

[drt1]

"They have all the power, and they're letting us know it."

That is it. They will NEVER actually question the rulings on the purported 'Facts' of this case by the Tin Horn in Panellas. He is one of them - Above any failing and therefore not subject to any de novo review.

I'm not only sickened, I am sick of this rubbish!

[tomahawk]

Here's what the court wrote:
"the time has come for dispassionate discharge of duty".

The duty to murder?

The duty to ignore the evidence?

The duty to allow an innocent woman to sufferer a brutal and barbaric death that the evidence shows she did not want?

Her blood is on their hands, too.

[Zechariah_8_13]

It is almost as if they said they were going to review it just to taunt everyone, because I doubt that they had any intention of examining it again. They have all the power, and they're letting us know it.

I agree with you.

However, they only think themselves powerful. We are all eventually called to account for our actions -- God judges our hearts.

[JustPiper]

The heartache is so palpable here at FR, this will kill her mother ;(

[mewzilla]

Clinton appointee with a little humanity...

He just doesn't want Terri Schiavo's murder on his resume.

[mountaineer]

Don't even bother making a rational response to some of these irrational, hysterical posts. It's like banging your head against a wall.

[northernlightsII]

May Pryor enjoy at least as much peaceful euphoria as Terri, I hope the coward gets postop infections and is denied antibiotics.

[b4its2late]

Yep. It appears over.