11th Circuit Court Rejects Schiavo Appeal

ABC ^ | Mar 30, 2005 | RON WORD Associated Press Writer

[Catholic and Conservative]

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

Terri was given $750,000 for her therapy (after Michael Schiavo said in court he would devote the rest of his life to caring for her). In addition, Michael got $300,000 for loss of consortium. Terri received $250,000 earlier when another suit was settled. That is one million dollars earmarked for her treatment, plus another $300,000 her ever-loving husband could spend in his life-long devotion to her care.

[Lurking Libertarian]

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

You have to understand what happened here. Last week, when the 3-judge panel of the 11th Circuit decided the parents' appeal, it set a deadline of March 26 for the filing of any petition for rehearing. The parents did not meet that deadline, and in fact publicly said they were not going to file for rehearing. Today, they changed their mind, and were therefore required to file two separate documents- first, a motion to be allowed to file a petition after the deadline had passed; and then, a petition for rehearing. The court granted the first motion (to allow the late filing of the petition); only then could the court even consider the petition itself (which they denied).

If there is anything strange in all of this, it is why the parents first refused to file for rehearing, and then changed their minds 4 days later.

[Tarantulas]

So...then...the court ruling satisfied the requirements of the legislation? Then what is the issue with the court? Or am I just not understanding all the high-pitched screaming?

[Critter]

They're all true too. Isn't that weird?

[Diogenesis]

Compared to the Vicious Murdering Judiciary of Florida, the PRC executes its undesirables relatively mercifully.

The Judiciary of Florida tortures the innocent MORE than the PRC. Want proof:

China: Execution of Tibetan Prisoners (photos, warning: gruesome)

[northernlightsII]

Rest in peace,the TRO critetia rule has been preserved for all time over the starved and dehydrated body of an innocent woman.
This was really the intent of Congress:determine what exactly the citeria are for TROs.(because they are not trampled daily for themost inane reason)PPLeaaase!
You are not done with it Terri Schindler is done with life, but TRO rules are now well established.

[lnbchip]

Actually the law states:

"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."

The term "ANY RIGHT" under the Constitution or laws of the United States would seem to mean "ANY RIGHT". I think you are stretching reality to limit it to simply federal rights. I think the court was given jurisdiction to go into any part of this case related to a violation of her rights.

The rights violated would include the withholding of food and water without cause. The family claims that Terri never wanted to be starved. They also claim Michael has a conflict of interest since he has another family. Put these two together and the prior court rulings that basically said whatever Mike says goes with regards to Terri should be thrown out because they violate Terri's right to life.

[SolomoninSouthDakota]

What was wrong with waiting till she died naturally? Does the moral command in all cultures not to murder mean nothing to you? These are questions just meant for your good; there is no need to respond. In fact, no response would be appreciated. Thanks and God bless.

[Ghost of Philip Marlowe]

I'm not talking about the Schindlers.

Courts make exceptions all the time in situations that could prove guilt or innocence. You don't think they could have made an exception in the matter of someone's life? Of course they could have.

But hey, if you want to defend judicial tyranny, go ahead. This is about as clear a case for the need to overhaul the judiciary as we're likely to find in the next 20 years. For more information, read Alan Keyes' write up on the judicial/executive aspect of this case at Worldnet.

[Diogenesis]

Compared to the Vicious Murdering Judiciary of Florida, Saddam executed its undesirables relatively mercifully.

The Judiciary of Florida tortures the innocent MORE than the Saddam. Want proof:

FLASHBACK -- This Iraqi man is receiving members of his family cut into pieces and placed in six cotton bags. .

---

The actual tools used in Saddam's torturing chambers.

[lugsoul]

The latter.

My thoughts? Because they are an easy target. And because they are an unknown entity, in terms of how they work and under what strictures.

If you haven't read the 2nd DCA opinions, I urge you to do so. Trinity TX has them linked on her homepage. They completely put the lie to most of what you hear here about what the courts have and haven't done.

[lugsoul]

"Constitution or laws of the United States" does mean Federal rights.

You can find the same language in many statutes.

[Diogenesis]

"Could Greer and Florida Mullahs beeeeeeeeeeee... SATAN"??

[Ghost of Philip Marlowe]

I'm sure they knew the court would make an exception and hear the case regardless of the deadline.

I suspect they had put their faith in Jeb to intervene with executive authority and use the 11th court as a backup. Jeb didn't come through, so they went with their last-ditch effort. Regardless, it seems like judicial malfeasance not to consider new evidence on a case of this importance.

[GLDNGUN]

What the family is requesting is not relevant.

Really? So if the family doesn't want citizen commando raids and they request people not be diruptive by getting arrested (which doesn't help Terri at all) then I should ignore their wishes? Baloney.

No one whose willingness to act on Terri's behalf is limited to some emails and BBS postings has any moral high ground to criticize him.

This argument that if you don't go "take care of business" or "take the law into your hands" yourself then you have no right to criticize an elected official is so ridiculous that it's hardly worth commenting on any further. By your reasoning, nobody should criticize the government for porous borders UNLESS they are standing guard at the border. Did you criticize Clinton or any part of the government for taking Elian? What???? You mean you weren't down there to protect Elian yourself???? Why, you hypocrite!

And I'm still waiting for you to answer my 2 very simple questions.

1. Does Terri Shiavo have a constitutional right to life?

2. Does Jeb Bush, as the elected governor, have the obligation to uphold to constitution?

[lugsoul]

Actually, they were well-established before the Schindlers chose that vehicle.

[Ann Archy]

Rethink that.....who do you think is going to rein in these judges...not the Dems, that's for sure. The GOP did everything in their power t save Terri....what did you want Jeb Reno???

[Diogenesis]

Hope that helps.

[Tarantulas]

Some of the court opinions are also linked from the Abstract Appeal page. I'll go look for the other opinions. Thanks for the information.

[Dog Gone]

If the Schindler's legal team had any talent, they could have forced a de novo review, including factual determinations, based on the assertion of federal rights. There was no creativity shown because they accepted Greer's finding of facts as a given and only argued about whether the procedural matters were correct.

If they had merely challenged her status as being in a PVS, or her wishes to die if in that state, based on any number of constitutional grounds, the District Court would have been hard-pressed not to rule to resume feeding while those determinations were made.

They blew it.