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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: Tree of Liberty

To preserve life... take others? Huh? I missed something. What do you mean by "LEO-on-LEO gunplay"?


441 posted on 03/30/2005 2:57:33 PM PST by libertarianben (Looking for sanity and his hard to find cousin common sense)
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To: Fitzcarraldo

Call for the Way Back machine?


442 posted on 03/30/2005 2:57:59 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: justshutupandtakeit
"Don't know what was deleted or why."

It would appear 'Don't know' is an apt description for all lot of what you've been posting, at least in this thread.

Try your post #232 to me - And I had nothing to do with it's deletion - Either another offended FR'r or an astute Mod. Heck, I wish it was out there for all to read.

Please don't ping me back.

443 posted on 03/30/2005 2:58:22 PM PST by drt1
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To: justshutupandtakeit
HAT 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.

I guess you don't understand. She is with God now. God is everywhere.

444 posted on 03/30/2005 2:59:59 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
Life is more than a mere physiological process which is all that is left of TErri.

Please expound on this.

445 posted on 03/30/2005 3:01:36 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: Twinkie

The only impact on me is indirect through the damage such costs impose upon the medical community. How many millions are you willing to spend on such cases when every dollar diverted will cost those with a chance to survive, recover, rehabilitate? You think this is without Opportunity Costs or free? You think the taxpayers are not going to pay for it?

Should they worship a head of cabbage it won't cost anything.


446 posted on 03/30/2005 3:01:40 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: justshutupandtakeit
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.

Absolutely true. I've never seen us act this way. We used to laugh that the Democrats eat their own young, yet look at some of the bile being spewed all across the country, and it's conservative against conservative. To be fair, though, I've seen evidence of left-wing agitation in spots, so it would be well to watch out for that.

The Schindlers have been in it for the money ever since the money was awarded to Michael. I would bet a large amount that they will file a massive lawsuit after Terri dies. I wonder what the courts will do then.

447 posted on 03/30/2005 3:02:14 PM PST by Tarantulas
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To: drt1

I am a judge at Free Republic. Are you a doctor in your own mind?


448 posted on 03/30/2005 3:02:53 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: syriacus

I am concerned about her spirit not her body.


449 posted on 03/30/2005 3:03:18 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: justshutupandtakeit

While you're channeling be shure to let us know if Michael is a liar or is telling the truth.


450 posted on 03/30/2005 3:04:30 PM PST by anglian
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To: northernlightsII

I know what the Bible tells us about death. I know what Jesus promises us. That is good enough for me. That message is not to fear it unless you perhaps have reason to. I don't think Terri does.


451 posted on 03/30/2005 3:04:49 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: justshutupandtakeit
I wonder why, if it is so good to speed another's journey to the everlasting, G-d commanded us not to murder?
452 posted on 03/30/2005 3:04:57 PM PST by jpsb
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To: northernlightsII
I agree that the judges could have reviewed the record and tried to create out of the record the alleged Federal violations that should have been submitted to them, fully briefed and backed by citations to the record or other evidence. But I also know that this case ain't the only one they have. Or even the only one of grave importance and urgency that they have. And that if I went down to Forsyth Street and gave them a pile of stuff to sift through without a pretty clear roadmap of why I win under the law they are authorized to rule upon, then I can't blame them for me losing.

Frankly, I thought Wilson flat-out misread Terri's Law. He must've been listening to the Congressional pressers when those yayhoos were blasting the judge for not doing what they required - when on the floor of Congress they acknowledged that no such requirement was in the law.

453 posted on 03/30/2005 3:05:20 PM PST by lugsoul (Wild Turkey)
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To: Truthsearcher
What about just being there and try to get into the room peacefully and forcing them to arrest you. Do you think it would make everyone reconsider their positions if thousands of people are being arrested daily?

Is that what the family is requesting?

Or what about a hunger strike. I haven't seen anyone willing to do that either.

Is that what the family is requesting?

Is Jeb Bush doing everything he can? No. Good, now we agree, but that IS what the family is requesting.

Now, a couple of questions for you:

Does Terri Shiavo have a constitutional right to LIFE?

Is Jeb Bush, as governor, sworn to uphold the constitution?

If you can answer "YES!" to both of those, you should understand why many of us are not happy with Jeb right now.

454 posted on 03/30/2005 3:05:26 PM PST by GLDNGUN
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To: thoughtomator
Agreeing to hear an appeal they knew they would reject is pure cruelty.

I could not agree more. Why, why would they hold out false hope.

455 posted on 03/30/2005 3:05:27 PM PST by Bahbah (Something wicked this way comes)
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To: SolomoninSouthDakota

She HAS been given the best medical help available. She IS being given morphine. We simply do not have infinite resources for such situations as this.


456 posted on 03/30/2005 3:06:08 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: Tarantulas
he Schindlers have been in it for the money ever since the money was awarded to Michael. I would bet a large amount that they will file a massive lawsuit after Terri dies...I would bet a large amount that they will file a massive lawsuit after Terri dies.

You are arguing against yourself.

  1. Terri is impoverished but the Schindlers want her alive.
  2. Terri is impoverished and Michael wants her dead.

457 posted on 03/30/2005 3:06:43 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

In what part of the brain does the spirit reside? And what machinery do we have that detects that spirit?

Were Stalin and Mao God's favorite people, then? Because they caused many peoples' spirit to be freed, so that they could continue their journey to heaven. Somehow, I really doubt that. Those two are likely roasting.

If we follow your reasoning out to its logical conclusion, then it would be permissible to kill any permanently disabled person, in order to speed them on their journey to heaven. Your arguments, in the end, are as flawed as Greer's are.


458 posted on 03/30/2005 3:06:52 PM PST by ex 98C MI Dude (Our legal system is in a PVS. Time to remove it from the public feeding trough.)
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To: xsmommy

What thread is that? I see these kind of attacks on every thread and mostly from one side.


459 posted on 03/30/2005 3:07:06 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: justshutupandtakeit
I am concerned about her spirit not her body.

Fear not. God is with her right now.

460 posted on 03/30/2005 3:07:39 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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