Posted on 03/30/2005 11:42:21 AM PST by standingfirm
As Terri Schiavo's parents grew more resigned to their daughter's fate, a federal appeals court said it would consider a new hearing on whether to reinsert the feeding tube that kept the severely brain-damaged woman alive for 15 years. The 11th U.S. Circuit Court of Appeals (search) did not indicate when a decision could be expected. The court order late Tuesday night allowed Bob and Mary Schindler (search) to file the emergency appeal, even though the court had set a March 26 deadline for doing so.
(Excerpt) Read more at foxnews.com ...
"I'm frustrated today."
You are not alone.
Anything in the Florida senate?
If they breach, you must impeach.
jj
They granted the hearing a couple of hours ago. Look over in Breaking News.
They are eating lunch and waiting for Terri to starve to death before they enlighten us commoners of our ignorance about what constitutes "cruel and unusual punishment" under the U.S. Constitution.
Heard a report at the top of the hour that they (don't know who they is) may think that putting her back on would kill her since her body may not be able to process the waste. Don't know if that is true or just the MSM or Felos spin.
She had her food and water pulled before, but I don't know how long that was the last time.....
I'm confused. Please help me understand this...They wait, and wait, and wait some more. Then they say ok we'll let you file...Then we wait. Or am I missing something? Because excuse me here but this is the midnight hour here for Terri and someone needs to move a little quicker here. Or could it just be CYA
This is the video that should be shown on the news everynight - it is even more powerful than the balloon video.
http://web.tampabay.rr.com/ccb/videos/Terri_Big_Eyes.rm
You need Real Player to watch this, available free on the internet.
This is not reflex action - she heard the doctor, she opened her eyes as wide as she could to impress him.
Even Fox news has ignored this clip.
I thought that the tube would AUTOMATICALLY go in if they granted the hearing. So you are saying the hearing is to SEE if they are going to have a hearing?? Help this feeble mind of mine..........
time is of the essence alert.
Sorry. The moderators fooled me by posting an update entitled "Court Says Yes To Schiavo Parents"
Can anyone explain what the point of this is, except to make the court look good?
Because, while they are ruminating here, they are not ordering the feeding and hydration restored so that Terry has a chance.
They are going to wait until she dies, and then they won't have to have the hearing.
I worry we're already past the point of no return.
| But in their latest bid, the Schindlers asked that Florida's entire court record, rather than just previous rulings, be considered in finding whether legal standards were met under state law.
The state court case has been reviewed over and over again. Greer committed no procedural errors. What the Congress intended, and specified, was a de novo hearing on the facts. Apparently Mr. Gibbs is too dense to understand what this means. And for this, Terri Schiavo will die. |
I heard the same or similar report quoting an unnamed doctor in NY.
who can dispute an anonymous source 1500 miles away? He obviously knows all he needs to know to make this pronouncement.
Why doesn't someone try sneaking in through the ventilator system and dropping into her room that way?
I still think that their agreeing to hear this is a good sign, although, of course, I am agonized by the delay.
The court in a blatant attempt to defy Congress only applied the "de novo" stipulation to judgement of law not fact, thereby circumventing the law
Aaarrrrrrgggggggghhhhhhhhhhh!!!!!!!!!! - ala Howard Dean
Go down swinging.
There were a bunch of anti-war types on a hunger/water strike in nauru a while back who went for 15 or so days.
They have more security around her now than the President does.
The longer she holds on the worse it makes the court look.
They are taunting us, or shaving their beards and moustaches like Felos to try to redeem their public image ...
And some other people, too.
What everyone is confused about here is what the court actually said.
They gave permission for the Schindlers to SUBMIT an request for a hearing. They did NOT say they would grant that request and actually hold a hearing.
I doubt that they will hold a hearing at all.
I am afraid she will be dead before anything's done.
People I've talked to who've changed their minds on this issue seem to be swayed when they find out what a slime ball he is.
Has anyone looked into an ADA (Americans with Disabilities Act) claim for Terri? Given the complexities of that law, there must be a loophole for her.
They did NOT agree to hear it. They agreed to allow a request for a hearing, even though it was past the deadline.
The longer she holds on it's becoming more clear that she's not being "allowed to die".
I'd like to see the walls of Terri's room come tumbling down.
| The court in a blatant attempt to defy Congress only applied the "de novo" stipulation to judgement of law not fact
This will be the third plea that Gibbs has filed with the federal courts since the Congressional action that seeks a review of the Florida proceedings instead of the de novo hearing he is entitled to. Gibbs is incompetent. That is a hell of a reason for a woman to die. But the courts can't just make up the case he should have filed and rule on that instead. They have to rule on the case he brings. |
"but I don't know how long that was the last time..."
The previous times were 1 day and 6 days. It occurred to me her body might have been conditioned to hold out longer by her previous episodes. No evidence just my supposition.
They tried using the ADA in one of there appeals. Or I remember reading this on one of the myriad articles that have passed through FR. I am NOT going to try to wade through them to find it again.
They are probably having a great chuckle over lunch.
Does anyone remember any court at any time making similar statements when it was a matter of pending death?
I've seen courts suggest to plaintiff's counsel the arguments they might want to try, basically telegraphing what to do.
The 14th Amendment is clearly being violated.
It's obvious.
Thanks for the info.
I believe this appeal was written by Jay Sekelo(sp). Will that help?
| I've seen courts suggest to plaintiff's counsel the arguments they might want to try, basically telegraphing what to do.
|
are there fire sprinklers in the room? :>)
Wilson in his dissent stated very clearly that they had a remedy under the All Writs Act (old equitable remedies),they did not do it.Judges overlook deficiencies in pleadings all the time when they want to intervene.
In this case they specifically refuse to recognize the clearly stated intent of Congress on the basis of some exchange between 2 congressmen.
We'll know soon. Will it be soon enough? Let's hope.
I agree with you.
The 11th Circuit has a legal basis to restore food/hydration.
The 14th Amendment's due process clause.
A person shouldn't be starved to death by a court on the basis of a preponderance of the evidence, where there is abundant evidence that was not even considered, such as the fact that she is conscious.
DITTOES!!!
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Will someone please explain to Mr. Gibbs what de novo means? Here he is again, asking the federal appeals court to review the state court case as they make their decision. Is this guy actually working for Felos?