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.

[GLDNGUN]

This decision by the Robes has ensured the American people that government does NOT have the right to interfere with personal family business, and end of life decisions.

You mean like not interfering with a man killing his wife who can't speak for herself?

And I take comfort in that.

Yes, the government won't "interfere" with someone killing you before you are born, and they won't "interfere" with someone killing you when you become disabled. Yes, how comforting.

[Lunatic Fringe]

There's a BIG difference between taking someone off of life support (eg: respirator when they are in a coma) and starving them to death - especially when the person is not at immediate risk of dying a natural death.

Again, being disconnected from a feeding tube happens every day in this country. Terri's case was only unique in that people rallied around her based on unsubstantiated accusations towards her husband.

[Truthsearcher]

"On the other hand, if you say "well, they can because I believe they have done everything they can short of breaking the law", then you getting upset with me and others for simply agreeing with them. Is it permissible in your mind for me to even agree with people who have done EVERYTHING short of breaking the law that Jeb SHOULD intervene???"

The question is what are you agreeing with. If the issue is agreeing that Jeb could have done more, that you wished he would have done more? Sure, you can do that, in fact I would say that I feel the exact same way.

The problem I have is the people who say Jeb is somehow morally contemptible because he didn't do more, and some have even said that he's as morally culpable as Greer. That is taking it too far.