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Fed Appeals Court Grant Terri's Parents Petition for Rehearing
FNC

Posted on 03/29/2005 9:36:23 PM PST by WhistlingPastTheGraveyard

Edited on 03/29/2005 9:59:29 PM PST by Jim Robinson. [history]

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To: Concentrate
The complaint addresses the issue that if indeed she did make any statement to Michael Schiavo prior to her “accident” in 1990”, it must be made clear that prior to 2000, a feeding tube was not legally considered “artificial means” due to process and language. “Therefore, she did not have informed consent that she could not/did not have an understanding that the determination of artificial means would include a feeding tube after the year of 2000”, the complaint says. “Her inability to be appropriately informed and her lack of decision making capacity combined with her inability to divorce her husband due to her incapacitation has placed her in a situation where she is being discriminated against by the courts due to her condition”, the federal complaint charges. That brief is so good I think I need a cigarette ;)
361 posted on 03/29/2005 10:37:38 PM PST by hipaatwo (Starve Mumia!)
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To: Hunble

I wonder if you'll be saying that if Terri is able to speak again - and tell us that her husband tried to strangle her to death.

If there's no money left in the trust - then there is no other reason for the husband to want her to die except that she could be rehab'd to speak well enough to accuse him of attempted murder. NOW IT's DOUBLE ATTEMPTED MURDER with the help of the courts.

The husband was offered $1 mil to release her to the parents - included divorce and everything. HE REFUSED.


362 posted on 03/29/2005 10:37:48 PM PST by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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To: CyberAnt
Several people on this thread have already said that it is possible to rehydrate her but it has to be done slowly in a hospital.

I would believe that to be correct

363 posted on 03/29/2005 10:37:51 PM PST by Mo1
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To: Army Air Corps

Please Lord, let this be one of those occasions...


364 posted on 03/29/2005 10:37:58 PM PST by WhistlingPastTheGraveyard (Ghoul Power!)
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To: STARWISE

Boy, it sounds like Congress whacked these judges. They sure did need to put them in their appropriate place. I'm starting to get hopeful based on how quick their response has been that Terri might have medical help before or by morning. PLEASE LORD!


365 posted on 03/29/2005 10:38:11 PM PST by AngieGal
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To: TexKat
sometime I would like a discussion as to how professional doctors and nurses and therapists can ignore the good of the patient and cowtow (sp?) to the next of kin.....

isn't there something about ethics that would prohibit professionals from mistreating a patient, no matter who tells them to do it??????

366 posted on 03/29/2005 10:38:25 PM PST by cherry
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To: STARWISE

Santorum has made the case via the MSM, IMO. I'm sure you noted his direct assault on Judge Whittemore on H&C.


367 posted on 03/29/2005 10:38:33 PM PST by windchime (Hillary: "I've always been a preying person")
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To: lainde

"..the doctor has ethical DUTY to do whatever he would do for any other patient and bloody ignore the legal.."

Sorry, I laughed out loud reading the part about someone doing something from an ethical duty..
This has been so devoid of ethics.


368 posted on 03/29/2005 10:38:46 PM PST by SolomoninSouthDakota (Daschle is gone.)
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To: Paul C. Jesup

"One the medical basics of what happens to the human body after over a week without water or food."

Terri has SOOOO defied the odds so far. It's understandable that so many of us want to pray for a miracle. I, for one, cannot call this either way - but I CAN continue to pray for her and her family.


369 posted on 03/29/2005 10:38:59 PM PST by Fudd Fan (MaryJo Kopechne needed an "exit strategy")
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To: Former Military Chick

I've gone back and forth on this case. But after the feeding tube was removed and I realized that this was a severely disabed woman who was being starved to death, I landed on the Schindlers side of things. To me, it is just unbelievable that she has lasted 12 days without any nourishment or liquids.


370 posted on 03/29/2005 10:39:28 PM PST by Utah Girl
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To: oceanperch

Thank you for posting that -- it was really nice! We are all on the same team just trying to get there in different ways sometimes. I don't see how a person alive could want to seem someone starved to death without their ever signing a document saying they wanted it -- that has bothered me from the beginning to take the word of the scumbag husband.

Take care!


371 posted on 03/29/2005 10:39:31 PM PST by PhiKapMom (AOII Mom -- Increase Republicans in Congress in 2006!)
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To: Auntie Mame
I left this thread early on when I saw he was running amuck (putting it nicely).

I just had a troublesome thought though. If this is heard de novo, I hope the Schindler attorney is extremely well prepared. I hope with all the people now involved (including J.Jackson, et al) he has the best assistants, staff, advice, etc. to win the argument this time. I would hate to have Felos succeed again. That would be devistating!

And, as quickly as possible, get Terri to a facility where they specialize in life not death!

372 posted on 03/29/2005 10:39:42 PM PST by CitizenM (An excuse is worse and more terrible than a lie, for an excuse is a lie guarded. Pope John Paul II)
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To: cherry

Well .. this was in the works before Jesse got there. I'm not dissing his appearance - but I just don't have a very high regard for the man - not after the horrible things he has said about the President and other on the conservative side of the isle.


373 posted on 03/29/2005 10:39:42 PM PST by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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To: Utah Girl

"without any nourishment or liquids."

She had the Body and Blood of Our Lord.


374 posted on 03/29/2005 10:40:34 PM PST by narses (St James the Moor-slayer, Pray for us! +)
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To: Raycpa
Take the tube out...

Put the tube back in...

Take the tube out...

Put the tube back in...

Take the tube out...

Put the tube back in...

......

Your are correct, and I should never have considered this as a form of torture.

375 posted on 03/29/2005 10:40:59 PM PST by Hunble
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To: PhiKapMom

I just posted the same about Santorum, PKM. He delivered the message perfectly!


376 posted on 03/29/2005 10:41:06 PM PST by windchime (Hillary: "I've always been a preying person")
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To: TAdams8591
Wouldn't that have been a procedural error, for Judge Whittemore NOT to have heard it as DE NOVO, and shouldn't the 11th circuit have picked that up???

Not if it wasn't presented to them.

The original ruling was on the issue of whether an order to reconnect should be issued in a circumstance where the party asking for it is unlikely to win at trail. Whittemore said, "no", and the appellate courts agreed. Absent the reconnect order, a de novo hearing would have been moot. Here you have the question of whether Congress can, in effect, create a circumstance where he HAS to enter a reconnect order. I'm not going to make a prediction on their decision, but I'll note that an order would be unlikely to issue, in any case, until a decision has been reached. Given the circumstances, issuing an order would be, at least temporarily, the same as deciding the case.

Two days ago would have better for this.

377 posted on 03/29/2005 10:41:21 PM PST by ArmstedFragg
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To: Hunble
Since I have been reported to the Admin for abuse, then perhaps it would be better if I not continue with any replies.

That would be wonderful. Thank you!

378 posted on 03/29/2005 10:41:32 PM PST by Auntie Mame ("Whether you think you can or think you can't -- you are right." Henry Ford)
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To: MJY1288
No.... The way I read this is that the tube will be reinserted while the facts are being reviewed...

I don't think so. They're just hearing another petition for an injunction that would allow some kind of hydration. It's the same kind of hearing as last time - and they didn't reinsert the tube for that hearing.

379 posted on 03/29/2005 10:41:38 PM PST by churchillbuff
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To: narses

bookmark, back in 5.
Praying for Terri.


380 posted on 03/29/2005 10:41:53 PM PST by Fred Nerks (Understand Evil: Read THE LIFE OF MUHAMMAD. Link on my Page. free pdf.)
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