Posted on 03/22/2005 4:15:18 AM PST by amdgmary
WASHINGTON—Despite warnings that Terri Schiavo is nearing death, a Florida federal judge has slowed the frenetic pace of events surrounding reinsertion of a tube to feed the woman whose plight has become a symbol of America's wrenching right-to-die debate.
U.S. District Judge James Whittemore yesterday reserved judgment in the case, which drew more than 260 American legislators and President George W. Bush back to Washington for an extraordinary Palm Sunday debate, leading to yesterday's court hearing.
Bush was awakened at 1:11 a.m. to sign a bill moving the case to federal court after it passed a two-thirds majority in the U.S. House of Representatives early yesterday and the Schiavo case consumed this country all day.
"Democrats and Republicans in Congress came together (Sunday) night to give Terri Schiavo's parents another opportunity to save their daughter's life," Bush said in Tucson, Ariz., in his first public comment on the case. "This is a complex case with serious issues, but in extraordinary circumstances like this, it is wise to always err on the side of life."
Lawyer David Gibbs, representing Schiavo's parents, Bob and Mary Schindler, said their daughter was being murdered.
"If this court does not act quickly, the entire litigation will be mooted because Terri will die," Gibbs said. "There is not much time."
Some Republicans were privately unhappy with Whittemore, who did not even hear the case until 3 p.m. yesterday even though Gibbs had the Tampa court remain open all night in anticipation of a speedy hearing.
But the lawyer representing 41-year-old Schiavo's husband, Michael Schiavo — who has been battling the parents for more than a decade — said the judge was showing the independency of the judiciary after the extraordinary congressional intervention.
"We are very hopeful the judge is going to recognize that there is no possibility Mr. and Mrs. Schindler can ever prevail in this case and we're hopeful he will deny the temporary injunction," said George Felos.
Schiavo's feeding tube was removed last Friday. It has been removed under court order twice before being reinserted, once under court appeal, once by legislation passed by Bush's brother, Governor Jeb Bush.
The woman is still breathing on her own, but doctors estimate she would survive no more than a week or two without nourishment and hydration.
The hostility between Schiavo's blood family and married family was on display again yesterday. Her father said she smiled when told she was going to be fed. But Michael Schiavo's brother Brian said anyone who thinks Terri Schiavo responds to anything "needs a mental health examination."
Whittemore's consideration shows the legal battle still looming for Schiavo's family despite the spirited endorsement in Congress.
Her husband's efforts to allow her to die were reviewed by 19 Florida judges in six courts since a 1990 heart attack brought on by an eating disorder robbed Schiavo's brain of oxygen, leaving her in "a permanent vegetative state."
Brain scans that were part of the Florida state court record showed the part of Schiavo's brain that controls thought and voluntary movement had atrophied. The brain stem, which controls involuntary movement such as breathing and blinking, remains intact.
Bush, along with the Republican senior leadership, have come down firmly for what they euphemistically call "the culture of life," generally acknowledged to be a moniker for the anti-abortion movement.
But polls yesterday showed that most Americans felt Congress overstepped its jurisdiction in diving into the middle of an intensely personal family fight which had been repeatedly decided by a state court.
The move by Bush, Senate Majority Leader Bill Frist of Tennessee and House Majority Leader Tom DeLay of Texas, was widely seen as a response to pressure from a religious right voter base that the party must count on for support in next year's mid-term election and the 2008 presidential race.
But there were questions as to whether Bush had changed position, based on a bill he signed in 1999 while Texas governor.
The Advance Directives Act in Texas allows for a patient's surrogate to make end-of-life decisions and spells out how to proceed if a hospital or other health provider disagrees with a decision to maintain or halt life-sustaining treatment.
The Texas law, first raised by a Florida Democrat debate in the House of Representatives Sunday night, would appear to allow Schiavo's husband to remove the feeding tube with the backing of his doctor.
The White House denied that was the intent of the Texas legislation and said Democrat Debbie Wasserman-Schultz was spreading "disinformation."
Ping
***Bush, along with the Republican senior leadership, have come down firmly for what they euphemistically call "the culture of life," generally acknowledged to be a moniker for the anti-abortion movement.***
It is statements like this that unveil, if only briefly, some of the true monsters we have in the media.
Pure evil.
BREAKING * * * * * * *
U.S. District Judge James Whittemore has refused ti reinstate Terri's feeding tube. This is NOT unexpected - Whittemore is a Clinton appointee.
...
Bush, along with the Republican senior leadership, have come down firmly for what they euphemistically call "the culture of life," generally acknowledged to be a moniker for the anti-abortion movement.
The author of this pice, whom I shall euphemistically call a "writer", certainly has his agenda ducks lined up.
Could it be the cerebral atrophy was furthered if not caused by the fact that her loving husband - who won a huge settlement on her behalf - refused to spend one red cent on rehabilitation? This in the wake of Sarah Scantlin emerging from a "persistent vegetative state" after 20 years. Could it be dear hubby wants to put Terri out of his misery, so he can inherit her estate and marry his mistress of many years? BTW, she and her children had better watch their backs.
As a physician, I've commented several times on the condition of Terri Schiavo. I was convinced from the data and photos that she was clearly in a vegetative state. I was concerned that the entire picture however, was not being thoroughly portrayed.
Last night I listened to a physician on Hannity and Colmes who spent 10 hours examining Terri and reviewing her records. I saw footage I had not seen before.
There is no doubt in my mind that this patient can should be rehabilitated. To let her die is wrong.
TODAY IS THE UNITED NATION'S WORLD WATER DAY
ISN'T IT IRONIC?
Judge Won't Order Schiavo Tube Reinsertion
Federal Judge Denies Request to Have Terri Schiavo's Feeding Tube Reinserted; Parents to Appeal
The Associated Press
Mar. 22, 2005 - A federal judge on Tuesday refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from the brain-damaged woman's parents.
The ruling by U.S. District Judge James Whittemore comes after feverish action by President Bush and Congress on legislation allowing her contentious case to be reviewed by federal courts. The judge said the 41-year-old woman's parents had not established a "substantial likelihood of success" at trial on the merits of their arguments.
Rex Sparklin, an attorney with the law firm representing Terri Schiavo's parents, said lawyers were immediately appealing to the 11th Circuit Court of Appeals in Atlanta to "save Terri's life."
The tube was disconnected Friday on the orders of a state judge, prompting an extraordinary weekend effort by congressional Republicans to push through unprecedented emergency legislation early Monday aimed at keeping her alive.
Schiavo did not have a living will. Her husband, Michael Schiavo, has fought in courts for years to have the tube removed because he said she would not want to be kept alive artificially and she has no hope for recovery. Her parents contend she responds to them and her condition could improve
http://abcnews.go.com/US/Schiavo/wireStory?id=602859
And how much do we care what a left wing Canadian paper writes? Have another Molson. Talk about irrelevant minor league commentary. I though nothing was going on up there anyway due to the hockey strike.
Yesterday I read the Wolfson report (he was the Guardian Ad Litem appointed for Terri during the last round of appeals). Apparently there is no "estate" to inherit. All the money that went to Terri for the malpractice settlement has been spent on her hospice care over the years. Michael won't inherit anything.
Per Fox: Judge refused to have tube reinserted. "This is an enormous victory for Michael Schiavo." Per Felos: "Her dying process will continue."
I gave your comment to my friend who thinks she should die.
"This is an enormous victory for Michael Shiavo"
Amazing that the starvation death of an innocent woman is referred to as a "victory".
Gibbs is the man of the hour. He knows what to do now. Go, Gibbs!!!
Florida is doomed. Go, Atlanta, Georgia!!!!!!!!!!
Fox has been cheering for Terri's death, all along.
Fox has refused to TELL THE TRUTH of the circumstances, all along.
Fox has been sent numerous e-mails, correcting them concerning various mis-statements, or inaccurate details, but FOX'S TRUTH IS GREER'S TRUTH.
SHAME ON FOX!
http://www.freerepublic.com/focus/f-religion/1367796/posts
PRAY FOR TERRI NOW!
Ops4 God BLess America!
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