Schiavo Appeal Has Been Filed

Fox News

[sonsofliberty2000]

per Fox

[SheLion]

Maine delegation divided over feeding-tube vote
By The Associated Press, By The Associated Press | March 22, 2005

Members of Maine's congressional delegation were divided in votes over the future of Terri Schiavo, the brain-damaged woman in Florida, with some saying Congress should not be involved and others saying intervention was warranted.

Democratic Rep. Michael Michaud voted early Monday to give Schiavo's parents the right to file suit in federal court over the withdrawal of food and medical treatment needed to sustain her life.

Hours after the bill passed 203-58, a judge was asked to allow Schiavo's feeding tube to be reinserted. But U.S. District Judge James Whittemore on Tuesday refused to order the reinsertion of Schiavo's feeding tube.

A spokeswoman said Michaud acknowledges it's a sensitive topic, but also very important to Schiavo's family. "After evaluating it, he felt it was reasonable to have the federal courts take a look at it," said spokeswoman Monica Castellanos.

Maine's other congressman, Democratic Rep. Tom Allen, did not vote. But Allen said Congress has no business in a case that was dealt with hurriedly and has been litigated extensively.

"Nobody in the House or Senate knows what Terri Schiavo's wishes were," Allen said.

On Sunday, the Senate passed the bill by voice vote, with Maine Republican Sen. Susan Collins adding her voice to those opposed. Collins said it was "a mistake" for Congress to intervene in end-of-life care decisions that should be made by family members, Schiavo's doctors and those who knew Schiavo and what her intentions would be.

"This has been litigated in state courts for the past eight years. It is inappropriate for Congress to try to step in at the eleventh hour and substitute its judgment," said Collins, a Republican. "We in Congress are not family members of Terry Schiavo, we have not examined her. We should not be involved in what is a very painful and difficult decision."

Sen. Olympia Snowe did not vote, a spokeswoman said. Calling the case "tragic," the Republican said she has concerns about inappropriate government involvement in such deeply personal decisions.

"At the same time, given that a life is in the balance and such deep divisions exist within the family, I do believe it is appropriate in this instance to allow for an additional, final judicial hearing and that is what the recently passed legislation allows," Snowe said in a statement.

Michaud has acknowledged his "pro-life" label on abortion and votes during state legislative service for parental notification and a late-term ban. Anti-abortion activists have taken a leading role in the Schiavo right-to-die case, saying the moral issues at stake are identical.

Maine voters are familiar with right-to-die issues. An initiative in 2000 sought to make Maine the second state to allow doctors to legally help patients die. The referendum proposal was narrowly defeated.

[keysguy]

The whole thing has been "very shifty" from start to finish.

[northernlightsII]

Conflict of interest cannot be plainer.He cannot have Terri's best interest at heart when he has a live in girl friend and kids with her that depend on the money from the medical malpractice suit to foster their lifestyle.
If your entire comfort with this situation is based on the failure of a court to say so,then don't look further because even a cursory look at legal history would show you innumerable cases of miscarriages of justice.
But sleep soundly,in your world everything is ok because a judge said so....until they come for you!

[Jotmo]

Perhaps you misunderstand my argument. Weather or not he is a jerk or not is irrelevant. He is the husband. She married him. If she married a jerk, that's her fault. She gave herself to him, and did it willingly. Unless the courts can find reason to remove his legal rights, he is in charge. And what motivates him, money, lust or just plain evil, is irrelevant. SHE WILLINGLY GAVE HIM THAT RIGHT WHEN SHE MARRIED HIM.

[bigeasy_70118]

That's right. So why is everyone so shocked that the judge didn't rubberstamp Congress?

Because he followed the wrong standard.

[Diamond]

I just finished reading Judge Whittmore's decision. This decision is very well-researched and written—all 13 pages of it.

The judge on one hand gives lip service to Congress' intent and then takes it away with the other:

But later he takes it away by grounding his conclusion on the prior extensive litigation of the case, and an obviously slanted characterization of the trial as one in which "many highly qualified physicians" testified "that no meaningful treatment was available":

If assuming the very issues in question to justify his conclusion is not predudice, I don't know what is.

Cordially,

[nimbysrule]

Exactly. That's what Ike did, and that's what Bush can do. I think the argument for executive action is quite viable - certainly as viable, if not more so, than the opposing position. Believe me, I am a very law-abiding person, and do not advocate radical action lightly. But I think Bush should at least be considering it very, very seriously, and hope he has some lawyers who are willing to think outside the box.

[Boardwalk]

HE Melted her wedding RINGS too

and, he killed her cats. But, that still makes him the spouse. Even a cheating spouse is still considered married. Greer has only considered that one fact...The HINO is the legal spouse with the right to decide for Terri.

[Lori675]

Michael Savage was funny yesterday.
He's like i'm busting in that hospital and putting the feeding tube myself.

[conservativebabe]

Oh come on. How many people have been in relationships with someone who started out as wonderful, but then turned out to be psychotic or something? It happens. She didn't give him the right to just do whatever the hell he wanted with her, just because they got married.

[princess leah]

David going into the priest's house and eating the sacrimental food (which was unlawful) comes to mind as I sit here...What about feeding a woman in need of food and water? Unlawful, yes, will anyone do it? I hope so!

[Cboldt]

I haven't seen the text that shows Gibbs arguement....but I do know he brought up Terri being Catholic and her religous rights.

Whittemore rejected that argument on the basis that the entity that denied Terri last rites was Michael, not the government.

[blurb]

I didn't know that in America getting married means selling yourself as chattel. Maybe it's time for me to move to Saudi Arabia.

[Jotmo]

You are one of those people who think that people unjustly convicted of crimes should stay in prison because due process was followed, aren't you?

That's just silly. A completely baseless and irrelevant statement.

The legislature is trying to interfere with a marriage. They have no right to do so. The constitution does NOT give them that right.

[Boardwalk]

What's the difference between Michael Jackson and a bag? One is plastic and harmful to children and the other is for carrying groceries.

[Orlando]

I know about the UCMJ, but it's IN THE FLORIDA BOOKS TOO.
It's not been used in a long, long time, but it's in the Florida law. JEB BUSH USE IT & add-MORE charges soon afterward like PREJURY on NUMBEROUS Depo and TV:

http://www.freerepublic.com/focus/f-news/1366335/posts?q=1&&page=1

ALL the evidence'S is there to study...and FINE!!!!
Put pc's of puzzle together, this is a CRIMINAL CASE !!
FBI, ATTY GENERAL GONZALEZ,etc..FLORIDA STATE SENATORS, re-check facts...Stop looking at it as a Civil case, it's a Criminal CASE!!! NEED GOOD COPS to LOOK AT FACTS ASAP!!!

[Boardwalk]

Laci Peterson slept next to Scott in bed. Creepy!

[Zechariah_8_13]

And what motivates him, money, lust or just plain evil, is irrelevant. SHE WILLINGLY GAVE HIM THAT RIGHT WHEN SHE MARRIED HIM.

You know, that "blame the victim" mentality doesn't hold up under scrutiny.

By your very odd reasoning, we should free Scott Peterson. Laci willingly married him, too.

[northernlightsII]

Too bad,we get polls about every stupid thing.
I remember the 4th being the "rocket docket"

[Saundra Duffy]

Dear Heavenly Father - We humbly ask for life saving mercy on behalf of our little sister, Theresa Marie Schiavo - In the Name of our Lord and Master, Jesus Christ, Amen.