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.

[Ghost of Philip Marlowe]

Exactly what I was thinking. There is no good reason to announce a consideration on an appeal and then reject it within 24 hours.

They are simply chewing up time so that Terri dies and then all this discussion gets elevated to the realm of ideas and theoretics, rather than in practicality.

This is where Leftists hide.

[ex 98C MI Dude]

Your farewell is several years too late. The small government conservative GOP died before the turn of the century. Haven't you heard? We are the 'big tent' party now.

[Lovergirl]

From the judges to the Governor, to the President, They are all MURDERERS.

[Dog Gone]

They are simply chewing up time so that Terri dies and then all this discussion gets elevated to the realm of ideas and theoretics, rather than in practicality.

If you're talking about the Schindler's attorneys, I guess I'd agree. Why didn't they file an appeal to the full panel on time? They're the ones who haven't been doing anything until now, when it's obvious it's too little too late.

[northernlightsII]

This is such a circular argument,this case could not be heard de novo without a remedy to keep the subject of the de novo hearing alive.
So if you are saying that you and the judges are too stupid to know that,well.
I personnally don't beliieve that, the federal judges made sure they did not issue the injunctive relief so they would not do the de novo.
They had no intention to do the de novo hearing, they could not declare the act unconstitutional, so they chose to use stringent criteria for TRO that are ignored very often.
For all your legaleese you will not convince many of the good faith of the federal courts in trying to implement the will of Congress.

[ninenot]

Life is more than a mere physiological process which is all that is left of TErri.

And your neurology/psychology degrees were granted from..?...

Your philosophy and theology degrees from...?...

[carlr]

Thanks for the response but please don`t refer to the Schindler family that way.They have conducted themselves in the highest manner as anyone could imagine,more so given the despair and sadness that few here can imagine.

I am at a loss for the solution to what I see as a heartbreaking situation.I don`t think an executive show of force will solve this case or any future one but am frustrated by a judicial branch that sees itself above legislative decree.
I wish I had an answer.

[TexKat]

LOL, you get back home right now. Go!!!LMAO!!

[lugsoul]

"so they chose to use stringent criteria for TRO that are ignored very often."

Okay, now you are back on the BS train - I'm done with this.

The court didn't choose the TRO vehicle. The Schindlers did.

I challenge you to cite to a single case where the 4 TRO requirements are "ignored." Even though I guess it is okay with you if courts ignore the law, since you are advocating it?

[Twinkie]

Since Mikey Shiavo has spent three quarters of a million dollars awarded for TERRI'S REHABILITATION on his own legal diddlings trying to kill her (suddenly realized and remembered after the big bucks came in apparently), yep, the emaciated sow of government had just as well spring for Terri's rehab as for say, eight million wasted dollars on a dam that was blown up in a moment because of the pearly mussel habitat (that was later found to also exist elsewhere after the eight million dollars was flushed). . and this is repeated over and over with our money.

It is AMAZING that Terri Schindler Shiavo is still living. With each passing moment, God shows Mikey, Felos and Greer Who is in charge of life and death.

Be very sure, we will one day all hear the words, "For I was hungry and you gave me food, I was thirsty and you gave me drink." . or perhaps there are many who will hear the opposite. For what you do to the least of these, you do unto Him. He has appointed the weak in this world to shame the powerful and strong. To the shame of Shiavo, Felos and Greer, they persecute the weak without cause. Just a drop of water on parched lips. . is Mikey afraid she would maybe SWALLOW IT? I don't like Mikey. He is my enemy. I pray for Mikey and honestly tell the Lord I don't like Mikey. No one should in any wise take vengeance against anyone in this or any case. Vengeance belongs to the Lord, like it or not.

[Future Useless Eater]

isrul, I am repeating my question TO YOU, since others have since jumped in, changing the subject, and completely ignoring my question... You said in #42:

>> 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.

[lugsoul]

The law specifically grants jurisdiction only to hear violations of her federal rights.

[Diogenesis]

BOTTOM LINE:

Florida - The State of Human Torture and Judically imposed-Prolonged Starvation

HEALTHFUL DRINKS WITH WARM MEALS SINCE THE ORDER-TO-MURDER-AN-INVALID BY JUDGE GREER
Subhuman scumbag Torturer and Murderer-At-Will Pinellas County Judgenfuhrer Greer ..... 57
..................................................................... Terri Shiavo 0
...................................................................... Lee Malvo 49
................................................................. Scott Peterson 48

[jpsb]

Are you a Troll?

[Tarantulas]

So what rights did the Schindler's lawyers claim were violated? Seems like I heard they didn't do a very good job in their argument.

[lugsoul]

Free Exercise was one. They made a vague 14th Amendment equal protection claim. Don't remember the others - Whittemore laid them all out in his order. Though I agree with your characterization, based upon what I read.

[lugsoul]

Can't you come up with something new? Pile of skulls in the killing fields or something? Saddam's mass graves?

[Gucho]

LOL, you get back home right now. Go!!!LMAO!!


Oops - you caught me off guard. :))

[Soul Seeker]

The Judiciary sentenced an innocent woman to Death.

The American people endorsed this sentence.

May God have mercy.