All my life it was drummed into me we are a land of laws and we must obey, the presumption that the law is always right and just superseding reason. The courts show here how far we have come without even realizing it.
The law is the law, don't we know. Judges make the law and decide what the rest of us are to accept. Perhaps our Founding Fathers thought the Judiciary would be held in check by our system of balances, but not these days, the Judiciary is more equal than the the other balances.
Three years ago today, the atmosphere at Pinellas Park was solemn and hollow. Poor Terri had defied them all by proving to be incredibly healthy and strong, holding out for 12 days without a single drop of water, a feat few of us could muster, but she was weakening. Our hopes for her here on earth were dashed by the system of the courts, establishing for any still not realizing, they control, and if an innocent life may be sacrificed to prove it, well, it is the law.
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The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Emergency Petition for Rehearing En Banc is
The petition for rehearing, to the extent it requests a rehearing by the panel, and the motion for an injunction pending appeal, are DENIED.
Plaintiffs have appealed the district court's denial of their motion for a temporary restraining order to require the defendants to transport Theresa Marie Schindler Schiavo to a hospital to reestablish nutrition and hydration and for any medical treatment necessary to sustain her life, and to require the state court judge defendant to rescind his February 25, 2005 order directing removal of nutrition and hydration from Schiavo and to restrain him from issuing any further orders that would discontinue nutrition and hydration.[fn1] After notice and a hearing, the district court entered a careful order which is attached as an Appendix to this opinion. Plaintiffs have also petitioned this Court to grant the same injunctive relief under the All Writs Act, 28 U.S.C. § 1651(a).
Our previous decision in this case affirmed the district court's March 22, 2005 denial of the plaintiffs' motion for a temporary restraining order as to the claims raised in the five counts of the initial complaint filed in this case. Schiavo ex rel. Schindler v. Schiavo ex rel. Schiavo, 403 F.3d 1223, 2005 WL 648897 (11th Cir. Mar.23, 2005) (Schiavo I), stay denied, ___ U.S. ___, 125 S.Ct. 1692, ___ L.Ed.2d ___, 2005 WL 672685 (Mar. 24, 2005). After that appeal was taken, the plaintiffs filed an amended complaint on March 22, 2005, adding four more counts, and a second amended complaint on March 24, 2005, adding a fifth count.
United States 11th Circuit Court of Appeals Reports
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