Posted on 03/23/2005 8:43:23 AM PST by Pendragon_6
PINELLAS PARK, Fla. (AP) - Their options dwindling after two failed federal court appeals, Terri Schiavo's parents and brother vowed Wednesday to take their fight to the U.S. Supreme Court and state Legislature as the brain-damaged woman was in her fifth day without a feeding tube.
Gov. Jeb Bush renewed his call for the Legislature to step in and ``spare Terri's life.''
In a 2-1 ruling early Wednesday, a panel of the 11th Circuit Court of Appeals in Atlanta said the parents, who have battled with son-in-law Michael Schiavo for years over the woman's fate, ``failed to demonstrate a substantial case on the merits of any of their claims'' that the feeding tube should be reinserted immediately.
``There is no denying the absolute tragedy that has befallen Mrs. Schiavo,'' the ruling by Judges Ed Carnes and Frank M. Hull said. ``We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law.''
Continued
Not necessarily. Adultery violates an existing contract commitment, so the state should be able to enforce it even if it could not, under Lawrence v. Texas, enforce a statute against homosexual sodomy where adultery was not an issue. Anyway, even if I am wrong, it would take more time to prove me wrong in court than to Gov. Bush to act. So your point, while technically interesting, wouldn't be an issue where time is of the essence.
6:7 And when he had opened the fourth seal, I heard the voice of the fourth beast say, Come and see.
6:8 And I looked, and behold a pale horse: and his name that sat on him was Death, and Hell followed with him. And power was given unto them over the fourth part of the earth, to kill with sword, and with hunger, and with death, and with the beasts of the earth.
6:9 And when he had opened the fifth seal, I saw under the altar the souls of them that were slain for the word of God, and for the testimony which they held:
6:10 And they cried with a loud voice, saying, How long, O Lord, holy and true, dost thou not judge and avenge our blood on them that dwell on the earth?
6:11 And white robes were given unto every one of them; and it was said unto them, that they should rest yet for a little season, until their fellowservants also and their brethren, that should be killed as they were, should be fulfilled.
I am for anyone with constitutional standing getting involved.
That includes the federal government according to Judge Robert Bork.
It would accomplish absolutely nothing, except waste time, and in the end nothing would have changed... But hey, feel free to spin your wheels on futile gestures, instead of actually trying to figure out an actual viable solution... I'm certainly not going to stop you.
Easy for you to say. I dont see you doing anything to put your family or career at risk.
Exactly! Pressure needs put on the FL Senate which seems to be about the only hope. According to reports they need one vote -- surely one person will make the switch to Life and then she can start to be fed again.
I cannot believe they are not allowed to feed her by mouth or give her water -- that goes beyond removing a feeding tube IMHO. That is so cruel that it is beyond my comprehension for a judicial ruling.
email sent to Governor Bush.
Why dont you? He has no more rights to anything than you do.
Shut up Jeb and Do Something Yourself!
By taking her into protective custody of the abuse allogations and ongoing investigations...she will immediately be given life sustenance, water and food, she will be out from under Greer,...and they could even begin rehabilitating her so she could be her own witness if possible...which Michael has to fear at this point.
I believe this is the course to follow which will give her immediate relief and save her life.
So do what you say _and_ arrest Michael Schiavo for criminal adultery and, if applicable, for bigamy. Gov. Bush should throw everything he can at Michael rather than make it easy for him. He isn't making it easy for Terri. And if you can arrest people for trying to take water to a dying woman to enforce one provision of Florida law, surely you can enforce another provision of Florida law against the man trying to kill her? Or is the problem that adultery is popular but saving a woman from starvation isn't?
He may not have more rights, but he has far more RESOURCES at his disposal.
You nailed it -- if the person committed a crime, the Governor has jurisdiction but not in this matter -- makes no sense to me. There is so much that has come out over the last weeks that I have to wonder about Terri's attorneys -- have they been out to lunch all this time?
Two and two are not adding up here why these affidavits were not part of the record and why didn't the nurses go public a long time ago BEFORE the feeding tube was removed? What is with this Hospice that they would go along with not giving her water by mouth or trying food? Too many questions and too few answers while this woman's life is in balance.
Which OR governor was that, not that I would recognize his name?
Makes me nervous too especially if we ever had another Clinton type in the White House and the precedent was set.
< shudder >
"You cannot let emotions get carried away and ask Gov Bush or President Bush to break the law or take the law into their own hands."
With all due respect, isn't that what the residents around the concentration camps must have used as an excuse?
The LAW, as it is in this case, isn't right. I emailed Rush and Glenn today with these comments:
In the case of Terry Schiavo, when people bring up the "caveat" that the courts have had their say and we need to abide by the courts ruling and due process, here is the response. Dred Scott. In l857, the Supreme Court ruled that African Americans were not citizens, therefore the federal government did not have the power to prohibit slavery in its territories. In the Schiavo case, court findings do not necessarily make the decision to allow Michael Schiavo to murder his wife right. There are many laws that are not on the side of right. For those who claim that the Michael has had his day in court and we must abide by the rule of law or open a "Pandoras Box", I say thank God that was not the attitude after Dred Scott, or it would still be the law today. God bless Terri.
Reddy
Getting her away from that hospice into protective custody can do it tomorrow without all of that other delaying it. That can be done as a result of the onging abuse investigation against Michael for his treatment of his wife while in that facility. That's all I am saying. Certainly both can be pursued over time, but we have to get her some water now and the Governor can do that quickly I believe, using the abuse investigation as the vehicle.
I must be consistent in my views as a state's rights person. I am also for lesser government. I can't pick and choose the times I want the Fed. Gov. to get involved.
The time will come when the Democrats want the Feds to get involved in a state issue and now us, the Republicans, will not have a leg to stand on after this.
Please know that I want Terri to live, I just think the Florida Legislature should be the one to do it.
Exactly. An innocent citizen whose life is taken has had every one of of his constitutional rights violated.
If I recall correctly, the Emancipation Proclamation didn't require court action, in order for government to be considered valid.
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