When truly evil things go 'bump' in the night.
FReepers are here to 'bump' back.
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.
Nobody.
Guess it depends on the meaning of 'helps'
God's will? I don't know anymore.
Circling the wagons, good ole boys and girls club..time to break it up..... Thanks to Terri Schiavo, we will now have the opportunity and the public support...
Blame the lawyers but not the judges?
Comforting perhaps but hardly representative of the status of justice in this country.
I hope if her parents are mortally hurt by all this nonsense that there is some way that Michael Schiavo, his lawyer, judge greer and the other judges can be sued or made to pay even if it's only by losing their jobs and their position in society.
Rick Santorum just on Hardball stated that he did not think that there was anything else that Congress can do for Terri. He is still on.
Via Penraker blog----In order to determine whether Terri's federally protected rights had been infringed, they had to look at the substance and evidence in the case. However, they did not have to look at the State Court's work. Given the highly unusual, and clear "procedural" dictates of the second section, it is clear that Congress wanted de novo review of the evidentiary basis of the case. It knew this was needed to determine whether there were any federal claims involved. They did not want the federal court relying on the determinations of the state court; Congress felt those findings were tainted.
The only way to make a solid determination as to whether Terri's federal rights had been violated was to hold an extensive review of all the evidence. That is clearly what Congress wanted, and that is what the Federal Courts in this case tried so desperately to avoid.
The whole reason for the statute was to protect Terri's federal rights; there was significant doubt her natural due process right to life had been adequately protected by the process in the state court below. It was Congress' opinion that the state court record was presumably faulty and not to be relied on. Yet the Federal courts insisted on relying on it. This is the point at which their case falls apart.
They can wiggle all they want- but they just ignored a specially enacted act of Congress, one with highly unusual language that spelled out clearly that the state court determinations were to be disregarded.
They will end up killing a young woman who did not deserve to die. The Federal Court's studied avoidance of the statute is a marvel to behold, and will come back to haunt them.
There is an odd principle being generated here: Federal Judges are entitled to ignore clear federal statutes; or if you don't believe the statute was clear, then at a minimum, then the principle seems to be that Federal Judges can very, very strictly interpret Federal statutes in a manner that most pleases the Judges rather than gives full intent to Congress's will.
They would never have done a similar thing in a death penalty case; there all the inventiveness of the federal judiciary would have been used to hear every conceivable claim. There all the stops would have been pulled out.
There were sufficient legal means available to them if they wanted to enforce the law Congress passed. The All Writs statute, already employed in the service of terrorists, is one method. There were many equitable theories that could have been used had they wished to save Terri's life. It is clear they did not.
True.
Big surprise here. NOT! I think we all knew they were not going to rule in favor of the Shindler's. Tremendous injustice happening.
I am becoming more convinced every day that it will be the first option, embracing evil. And it will be sooner not later, much sooner.
First it was the unborn who could be legally killed, now it's the elderly and disabled. Who's next? Give it a few more years and no one except baby seals and whales will be safe from the "mercy" killers.
All nice and legal of course, what else are courts and judges here for anyway?.
" First it was the unborn who could be legally killed, now it's the elderly and disabled. Who's next? Give it a few more years and no one except baby seals and whales will be safe from the "mercy" killers. All nice and legal of course, what else are courts and judges here for anyway"
But don't we all know that it is because evil is disguised so well as good. I think that is largely how lust caught on. One should really take a good look under the hood before he buys into a bag of goods if I can get away with a mixed metaphor.
Alan Keyes is not a legal scholar.
Just because you don't get the outcome you want in court is not evidence that the judicial system is broken. Half of the people who go to court in civil cases lose.
May instead of shall? Meaning the justices have discretion? It looks to me as if they would act upon the "may" and do it. Her parents have been relentless and it looks to me that the "may" would have given them the opportunity to review the case anew. Whatever their decision after reviewing the case, their hands would have been "clean" so to speak. They could have at least tried.
"Most conservatives want judges to not starve an innocent woman to death."
I think that one comes higher on the list then yours.
I was not referring to Keyes.
ANd I was not calling for armed stand off. Yet the constitutional showdown between the judiciary and the other 2 branches of government has arrived.
It is a fact that DEATH BY STARVATION was used by the Nazis for anyone daring to escape the Crematoria.
Pinellas county, Florida subhuman murderer Judgenfuhrer Greer: "Our Nazi Dogma has run over American Karma.
It is March 30th and we have proven that the US Congress
is NOTHING but a clot of inept and weak pussies
writing subpoenas not worth a bucket of warm spit."
I don't know what most conservatives want. The polls state that most conservatives are okay with pulling Terri's tube. I haven't seen one that doesn't, and there are several.
The forum here is divided, although it seems to be heavily in favor of Terri.
We've had the showdown. The judiciary won again, just like they've done since Marbury v. Madison. Terri will undoubtedly die before Sunday.
It's not too early to move onto a discussion of what lessons have been learned.
And tells us that Greer, Felos and the Hospice are in cahoots on this.
I guess they thought it would get lost through the cracks ...but for the tenacity of the Shindlers.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.