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Schiavo Appeal Has Been Filed
Fox News

Posted on 03/22/2005 6:13:43 AM PST by sonsofliberty2000

per Fox


TOPICS: News/Current Events
KEYWORDS: clausvonschiavo; deathocrats; dothewillofgod; euthanasia; godhelpus; goodforgopin06; governmentinstrusion; judicaltyranny; judicialcoup; medicalmurder; meninblack; parentsrights; politcalgain; schiavo; t4; terri; terrischiavo
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To: Military family member
That process is called the law, and what you are suggesting is utter anarchy.

I pledge allegiance to the flag of the United States of America and to the oligarchy for which it stands one nation, defying God, with laws and due process for all.

No, I don't.

721 posted on 03/22/2005 9:29:55 AM PST by eccentric (a.k.a. baldwidow)
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To: Magnum44

I am a lawyer, and that's why I am so frightened by the takeover by the courts, lawyers and legal system. I know a lot of these people and they are the LAST people you would want controlling life and death decisions. I would feel a great deal more comfortable with most of the folks on this site. The "system" has become a complete abstraction, manipulable by its players to further the desired political-social agenda. Nothing will really change until the executives and legislatures decide to take their power back. We might not have things our way then, but at least the power would be back in the hands of elected officials, and with regular opportunities to throw the b------ds out.


722 posted on 03/22/2005 9:30:09 AM PST by nimbysrule
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To: George from New England
What gets me about this case is that NON-BLOOD family members are being the decision makers and BLOOD FAMILY is being ignored. Time to change the laws.

That has always been the presumption in American law, and in the English common law that our legal system is based on-- that when a person marries, they are choosing to make their spouse, not their parents, their primary family. This also has roots in the Bible (Genesis 2:24).

723 posted on 03/22/2005 9:30:51 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: snarkytart
I don't, but in all of the controversy surrounding it he has never said so.

And I do think it is a safe bet that Bilirakis would not be invited to nominate someone for a Nobel Prize in Physiology, since he has no credentials in the field.

724 posted on 03/22/2005 9:31:06 AM PST by lugsoul (Until at last I threw down my enemy and smote his ruin on the mountainside.)
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To: Military family member

I'm not surprised that someone with a connection to the military would say, "Never give up!" Thumbs up.


725 posted on 03/22/2005 9:31:08 AM PST by utahagen
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To: Lizarde
what did the lawyer do wrong?

See Footnote 3 in Whittemore's ruling.

http://abstractappeal.com/schiavo/fedctorder032205.pdf

The plaintiff's attornies didn't discuss how Greer's disregarding of "unfavorable" evidence is related to the due process claims.

726 posted on 03/22/2005 9:31:40 AM PST by Cboldt
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To: Jotmo

You've said nothing new here. Not worth flaming.

However, I will simply responde to one statement, "her parents dragging this through every court they can find."

Most of us would do no less for our child.


727 posted on 03/22/2005 9:32:26 AM PST by conservativebabe
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To: MineralMan

I'm no so sure we need "new" law just a little common sense for law already on the books. It does not make good common sense to put some in charge of another person's life who has made it plain he plans to kill her.


728 posted on 03/22/2005 9:33:08 AM PST by keysguy (Time to get rid of the UN and the ACLU)
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To: Deo volente
It goes without saying that her tube must be reinserted now, since it will take time to have a review of her case 'de novo", i.e. a new trial in federal court. The plaintiff's life must be protected so she can remain a plaintiff in a pending trial. This is a no-brainer.

There was a proposal in Congress that would have required the feeding tube to be re-installed pending the hearing in federal court, but it didn't pass. The legislation, as passed, says that her parents can file a lawsuit in federal court. That's all it says.

729 posted on 03/22/2005 9:33:11 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: nimbysrule
The issue of the 14th Ammendment was addressed in Judge Whitmore's ruling, quite thoroughly, I might add.

I am not saying I like the way this came out, but I feel that Whitmore ruled the only way he could have ruled, based on the law, the only thing on which he could based his ruling.

730 posted on 03/22/2005 9:33:19 AM PST by Military family member (If pro is the opposite of con and con the opposite of pro, then the opposite of Progress is Congress)
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To: MineralMan
My advice is go back and read those biochemistry books again and think about it some more. Do you think all that incredibly elaborate chemistry just happened by accident and keeps running trouble-free year after year by accident?

(That's my last comment on this subject. I won't bother you any more after this...lol)

731 posted on 03/22/2005 9:34:20 AM PST by carl in alaska (Blog blog bloggin' on heaven's door.....Teddy's speeches are just one big snore.)
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To: ContraryMary
Where in the law did it say the judges were supposed to re-insert her feeding tube as an intermediate measure? It seems to me that this was a big miss on the part of Congress.

Congress has no constitutional authority to order the feeding tube re-inserted. Instead they issued legislation allowing the Schindlers to file a de novo review of the merits of the case, and for the Court to grant all declaratory and injunctive relief as necessary to protect the rights of Terri Schiavo.

That's why DeLay et al were so sure the feeding tube would be re-inserted on Sunday. In order to have a de novo review of the merits of the case, Terri Schiavo would need to be alive and thus the injunctive relief sought re-inserting the feeding tube should have been granted by Whittemore.

However, Whittemore screwed up by applying the civil procedure standard for injunctive relief by saying the Schindlers would not prevail on the merits. But IMHO, that's not the standard Congress authorized for granting injunctive relief. The standard was all releif necessary to protect the constitutional rights of Terri Schiavo. Congress required Whittemore to issue the injunction to re-insert the feeding tube so there could be a trial on the merits.

I agree the law passed by Congress could have used some work but there are grounds for a successful appeal here.

732 posted on 03/22/2005 9:34:35 AM PST by bigeasy_70118
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To: Lurking Libertarian

"That has always been the presumption in American law, and in the English common law that our legal system is based on-- that when a person marries, they are choosing to make their spouse, not their parents, their primary family. This also has roots in the Bible (Genesis 2:24)."

In LIFE matters I agree. But in DEATH matters, BLOOD should come into play. The Bible also addresses murder and the taking of a life in other passages.


733 posted on 03/22/2005 9:34:38 AM PST by George from New England
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To: Military family member
We may not agree with the law, we may not like the law, but we work within the system to change the law. We don't take the law into our own hands.

So, if the Nazis passed a law that Jews-in-hiding had to be reported, you would have followed the law. You would have reported run-away slaves, even if you believed slavery to be unjust. When King Darius signed the law against prayer to anyone but himself, you would have complied.

An unjust law is no law at all.

-A8

734 posted on 03/22/2005 9:35:13 AM PST by adiaireton8 ("There is no greater evil one can suffer than to hate reasonable discourse." - Plato, Phaedo 89d)
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To: Nick Danger
"In fairness to Whittemore, it looks to me like he is trying to tell the lawyer to come back with a different case, one that turns on potential violations of Terri Schiavo's civil rights, and not on anything that happened in the state court proceeding."



This is EXACTLY what Lazzara, the federal judge, told the attorneys to do in 2003. He gave them ten days to draw up an argument. They did, and alleged numerous violations of her federal civil rights.

When they appeared before him on Oct. 10, he told them basically to get lost.
He did not rule ON THE ISSUES.

His entire ruling consisted of "I have no jurisdiction".

You can't win for losing with these guys.
They parse around in circles, and play legalistic games.

Terri needs immediate help from the President.

THESE JUDGES SHOW NOTHING BUT CONTEMPT FOR THE WILL OF THE PEOPLE OF THE UNITED STATES, AS EXPRESSED IN THE CONGRESS.
735 posted on 03/22/2005 9:35:16 AM PST by Deo volente (God willing, Terri Schiavo will live.)
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To: MineralMan

And now in FL you'll be able to take your worthless spouse (ill, maimed, brain damaged) to a hospice and get rid of it just like a pet you don't want anymore. The only difference is they will put your pet "to sleep" with drugs (the same ones they use to do away with murderers) and your spouse will have to starve to death.


736 posted on 03/22/2005 9:36:27 AM PST by penowa
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To: keysguy
"Sorry, but I am legally ignorant. I thought everyone had the right to pursue happiness and life, guess that changed somewhere along the line."

Here's something that people need to understand about the legal process: what is just and what is legal are sometimes two different things.

Our legal system isn't perfect...but it is still the best in the world.

If people from our point of view want to truly how those who can't help themselves (i.e., the unborn and people in Terri's situation), we must learn legal procedure.

It is not enough to have the moral high ground. We must learn the legal system...thoroughly...and use it to our advantage...whenever and wherever possible.
737 posted on 03/22/2005 9:36:30 AM PST by rowhey (Don't be surprised)
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To: AmericanInTokyo
Until very recently I could have been Terry Shiavo,I have since made my end of life care clear.
In any event, If I were Terri and had cognition I would be trapped in my body screaming don't starve me!
Alternately,if I were Terri and had no sense of awareness what would be my harm to keep living?

I wonder if Laci Peterson's mother would have allowed Scott Peterson to make this decision for her daughter?
I know my children better than anyone ever will...ANYONE!!
738 posted on 03/22/2005 9:36:35 AM PST by Vapor3 (I will never be a Spanish)
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To: Nick Danger

Yes, you're right. A de novo trial/hearing means just that =- brand new. Schindlers' lawyer should have brought in new evidence - affidavits, etc. - that weren't in the state record. Sounds like there's a lot of compelling new evidence out there. I don't know if they made it into the federal court. That's what you do in federal habeas corpus writs from state court criminal judgments. (Two of which I'm working on right now.) If Schindlers' lawyer didn't do this, that's a big-time screw up.


739 posted on 03/22/2005 9:36:55 AM PST by nimbysrule
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To: eccentric
It does NO GOOD to issue a subpoena and then leave town without following through with hearings. Yes, I know it was a House subpoena, but the Senate could have done it, too. I begged Sam Brownback to but he wouldn't.

Those subpoenas should never have been issued. That being said, Congress has to enforce them. I have no idea why they have not.

740 posted on 03/22/2005 9:37:06 AM PST by bigeasy_70118
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