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.

[libertarianben]

Aw, be quiet. Go have some dinner, and relax.

A lot of Schindler supporters here ARE vicious, bitter and irrational. They act like Democrats.

I'm not a Schindler supporter, and freely admit to being facetious, unpopular and also... quite genuinely conservative.

[La Enchiladita]

She IS being given morphine.

Why is she being given morphine, if in her unfaithful spouse's opinion, she is "unable to feel anything," and in your opinion, no longer a viable human being?

We simply do not have infinite resources for such situations as this.

So, it comes down to money for you?

[Protect the Bill of Rights]

Well said.

[CitizenM]

I thought it was a lovely and appropriate post. Your mentioning the drop of wine gives me hope for a miracle, because sadly, that's what it will take at this point. Thank you

---

The miracle has already happened. Dear Terri has survived longer than most. Long enough that the debate that was needed to be opened, and the horrors that had to be revealed took place.

Her story will never be unknown. In dying, God has created her legacy without her ever doing so on her own, or out of pride or selfishness.

Her gift to others is emblazened in our hearts and minds, and history is forever changed.

I can only turn now to peaceful thoughts and prayer. I will spend time wishing well to confronters and strive to keep evil thoughts away from my soul so that my prayes are pure and useful to Terri in the final days of her beautiful journey.

We must pray sincerely, without malice...without anger...and let our hearts hear the whispers of peace from God.

---

Celestrial Wings of Prayer

As softly as the dove doth fly
Across this land so free
As steadfast as a ship that sails
Across a tranquil sea.

As soothing as a summer rain
That falls upon the ground
As wondrous as a drop of dew
In morning light, is found.

As tender as a baby's kiss
Upon a mother's cheek
As sturdy as a father's hands
Whose strength we often seek.

As lovely as a blooming rose
Upon a climbing vine
As steady as the heart that beats
Within this breast of mine.

As humble as a beggar's plea
Upon a listening ear
As caring as the one who kindly
Wipes away a tear.

As fragile as a new born colt
Who tries to find his way
As graceful as a stately swan
One fine September day.

As gentle as the rush of wings
Of angels bound in flight
As sacred as the eastern star
That shone one holy night.

As vital as the Book of Life
You'll find a refuge there
As precious as the Lamb of God
The celestial wings of prayer.

Poem by:Marilyn Ferguson

[Romish_Papist]

Baloney. She has been gone for a decade or more. The refusal of the parents to face facts doesn't change that. That refusal has subjected Terri to a fate worse than death.

Really doctor? Care to fess up your medical evidence? I'm interested in your "facts" as they would end this whole thing quite quickly. So please, entertain this request and show me how she is dead/dying.

[northernlightsII]

PLease quote to us where in the New Testament there is given permission to anyone to terminate the life of the weak because their quality of life is judged diminished by others.

[tomahawk]

Last I checked, walnuts do not smile when their mother talks to them. Wait, walnuts don't have a mother. I guess we're talking about a human being here.

Congress passed the law giving her a new trial. The courts ignored the law.

She's being put to death using a civil law preponderance of the evidence standard, not the beyond all reasonable doubt standard that accused criminals get.

I want the law enforced, not judges ignoring the law (like the federal courts just did) and judges violating the law (like Greer did in ordering Gov. Bush not to enforce the Florida removal statute).

[Bahbah]

You may also want to ask why the Schindler's attorneys asked the court to extend their filing deadline and want this appeal decided, knowing this court has ruled against them previously.

I have no clue, Catspaw. Right now I am just too exhausted in mind and body to think straight.

[Future Useless Eater]

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

The bill that passed is shown in post 49. Can you point out which sentence contains the important use of the word 'may'? I can't find one.

By contrast, here is the important use of the word 'shall' in section 2:

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.

[ninenot]

freepers will soon go back to praising Bush as a fearless leader

Not THIS FReeper.

[Bahbah]

They DID NOT agree to hear the appeal. They agreed to let the Schindlers file a motion

Thanks, lugsoul. I was not aware of the posture of the appeal.

[lugsoul]

Have you actually read the bill passed by Congress? If so, are you intentionally misstating what it says?

Quote me the part that says the 11th Circuit has to do a de novo review. I dare you.

[jpsb]

I am burnt out, been a keyboard warrior for to many days on this, even took off work Mon/Tues so I could try to sway the outcome. So the best I can do right now is clever one liners. But I thought I dinged him better good. LOL, time for a beer or two or three.

[libertarianben]

Mrs. Schiavo also looks blank when her mother talks to her, too. You've not been seeing all the video. All those "loving" reactions were not reproducable by her parents.

Nice try.

[lugsoul]

Perhaps you should go back and read WHO shall conduct a de novo review...

[ninenot]

Which RATS?

The ones who voted WITH Schiavo?

[libertarianben]

Here lies Small Government Conservatism

1980 - 2005

[northernlightsII]

Obviously the Appellate court has the duty to review Whittemore decision, and overturn him when he ignores the clearly stated intent of Congress.

[Calif Conservative]

**Specifically, what is it that the brothers Bush should have done from their respective perspectives?**

>Put Greer in a jail.<

Specify the charges, then. What would be the legal grounds to arrest the judge?

(not believing I'm playing devil's advocate here, especially since I believe Michael Schiavo is despicable and may have some culpability in Terri's injuries and illness that he hopes to cover up via Terri's pending death. But if God decides not to "let the cup pass" from Terri's lips, are we so arrogant as to refuse to accept that decision?)

George

[Tarantulas]

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 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.

When Michael won the lawsuit, the Schindlers started to encourage him to "get on with his life" and start dating other women. The idea was to get him to divorce Terri so they would inherit the rest of her $750,000 when she died. That came out in the very first trial.

What Michael wants is to honor his wife's end of life wishes. He has been in the hospice at her side since the feeding tube was removed, except when her family visits. Quite a bad guy, isn't he?