Posted on 03/30/2005 12:25:05 PM PST by jpsb
Edited on 03/30/2005 12:44:39 PM PST by Sidebar Moderator. [history]
With time running out for Terri Schiavo, a federal appeals court Wednesday rejected her parents' latest attempt to get the brain-damaged woman's feeding tube reconnected.
The Atlanta-based 11th U.S. Circuit Court of Appeals agreed to consider an emergency bid by Bob and Mary Schindler for a new hearing in their case, raising a flicker of hope for the parents after a series of setbacks in the case. But the court rejected the request 15 hours later.
Three times last week, the court also ruled against the Schindlers.
"Any further action by our court or the district court would be improper," Judge Stanley F. Birch Jr. wrote. "While the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty."
To be granted, the parents' request would have needed the support of seven of the court's 12 judges. The court did not disclose the vote breakdown.
The Schindlers visited their daughter Wednesday morning at her hospice and urged their supporters to keep trying. "I was pleasantly surprised by what I saw," Bob Schindler said. "So she's still fighting, and we'll keep fighting."
"We know that some of her organs are still functioning. ... It's not too late," he said.
In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law. The Schindlers' motion also said the federal appellate court in Atlanta didn't consider whether there was enough "clear and convincing" evidence that Terri Schiavo would have chosen to die in her current condition.
uuuuh, what? This is one of the most incomprehensible posts I've ever seen. Care to elaborate?
Opps Courts not curt.Sorry typeo
WTF ?
The Appeals court deny Terri appeal, the courts are finished with this case. Fox
OK, thanks.
Prayers sent.
I would hate to see the secnario, like with some death row cases, where her tube is re-inserted, then put back in, then taken out ad infinitum.
Just what I thought would happen. Damn! Nothing going on with the legislature either.
When the law says they must grant a de novo hearing, how can they constitutionally reject it? What sadists!
Jeb "Pontius" Bush has already wash his hands on this.
Wonder if he asked for Judge Rear's permission before washing his hands?
Do we have any judges with a conscience in this country?
Yes, but Judge Wilson dissented AGAIN.
Clinton appointee with a little humanity...
wash = washed (before the spell and grammar checkers get me)
I hate them. I really do. It is almost as if they said they were going to review it just to taunt everyone, because I doubt that they had any intention of examining it again. They have all the power, and they're letting us know it.
No story yet just breaking on ABC News.
I like judges less and less every day. Would it kill them to order her feeding tube reinserted while they investigate the truth of the matter?
What do you want him to do?
on FNC confirmed-denied
Wonder if Jessie is doing better at the Fla State legislature?
Yes ... but they're very rare
I am sick about all of this. What is the use of voting for republicans if they do not govern as such. This and take a look at the TX legislature a den of li=ars and thieves.
So is Levin's followup book to be "Murderers in Black"? Just ****
("just damn" doesn't do it justice)
"Just what I thought would happen."
Same here. It shouldn't be a surprise.
It was just false hope o behalf of the Shindlers.
You know, maybe the good Lord wants Terri in heaven. Ultimately it is His will that will prevail.
Thanks. Your post was perfectly clear to me BTW.
URGENT
11th Circuit rejects latest appeal by Terri Schiavo’s parents
Eds: UPDATES throughout with quotes from the decision.
With BC-Brain-Damaged Woman-Monks, BC-Brain-Damaged Woman-Timeline
AP Photos FLSN105, FLEV114, FLPET101
AP Graphic SCHIAVO CARE
By JOHNNY CLARK
Associated Press Writer
ATLANTA (AP) — With time running out for Terri Schiavo, a federal appeals court Wednesday rejected her parent’s latest attempt to get the brain-damaged woman’s feeding tube reconnected.
More than 15 hours after agreeing to consider an emergency bid by Bob and Mary Schindler for a new hearing in their case, the 11th U.S. Circuit Court of Appeals handed down its ruling.
“Any further action by our court or the district court would be improper,” Judge Stanley F. Birch Jr. wrote in a concurring opinion.
“While the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty,” Birch wrote.
To be granted, the Schindlers’ request would have needed the support of seven of the court’s 12 judges. The court did not disclose the vote breakdown, but the order did say Judge William Pryor did not vote because he is recovering from surgery.
Three times last week, the court also ruled against the Schindlers.
In requesting the new hearing and a court order for their daughter’s feeding tube to be reconnected, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal muster under state law. The Schindlers’ motion also said the Atlanta-based federal appellate court didn’t consider whether there was enough “clear and convincing” evidence that Terri Schiavo would have chosen to die in her current condition.
Jeb, it's not too late to take action. Please!
Thankyou AdminModerator, you have saved me from many many flames. Typing is not my strong suit. This is sad news, the fallout will be big.
So much for the right to life.
Florida lawmaker says he will consider impeaching Schiavo Judge Greer
http://www.freerepublic.com/focus/f-news/1373930/posts
Jess just arrived back at hospice
Big surprise. Agreeing to hear an appeal they knew they would reject is pure cruelty.
Terri would have been dead two years ago if it weren't for JEB's help, not to mention what he's done this time. Step back and take another look at it.
Bump Dio!
And getting rarer by the day.
And Jesse Jackson is back in Pinellas Park.
I guess all those Reagan and G.H.W.Bush appointees aren't worth the hot air and rhetoric Republicans have offered over the years.
The news media is running after him at this moment on the site of the murder hospice.
No it's over in the Senate. They will let her die.
What was he supposed to do? Ignore the law? He has no power to change the laws, he can only enforce them
That was the problem. The law didn't say "must", it said "may".
Many of us are devastated by this.
Please, though, don't even try to suggest that a Democrat governor, congress, or president would have done better on this case. They would have required cremation before death.
Save our sister Terri.
Bump, all it did was take the heat off Fla legistrators.
he should have never held the press conference and performed his duties as governor. Typical coward politician looking for a way to have someone tell him not to do something/get involved.
He was question as the Press Conference on whether he would act ... and basically fumbled around and look cluelessly around to his legal aid to help him answer the question.
COWARD.!
And I'm mainly an economic conservative. He obviously doesn't believe in the equal branches of government and separation of powers.
PS: I think he asked Judge Rear if he could tie his shoes this morning.
Well as far as they are concerned (and the MSM talking heads agree) the truth of the matter has already been determined by MANY judges! If I hear that li(n)e one more time I will puke. Shep Smith attempting to "educate" the public on the "facts" rather than emotion...SHE IS PVS according to the law - there IS NO question about that according to him just now. He and Lis Weihl and the rest of the media are making me ill.
The law passed by Congress asked "In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings." The Congressional bill below and quoted above to me looks like it did not order a de novo hearing -- they asked the Court to "determine" if a de novo hearing should be called. Some lawyer correct me if I am wrong please.
“Compromise Bill” Re: Terri Schiavo Signed Into Law
The “compromise bill” shown below was introduced on Saturday, March 19, 2005, passed by the U.S. Senate and House of Representatives on Sunday, March 20, 2005, and signed into law by President Bush early Monday morning on March 21, 2005.
According to lawyers for Terri Schiavo’s parents, the Bill is similar to a U.S. Senate Bill passed on Thursday “tailored to give the Federal District Court jurisdiction in the Schiavo case,” while the Bill originally proposed by the U.S. House of Representatives “sought broader legislation.”
From personal experience I have voted NO and lobbied against judge's in Illinois...in my case the judge who MIStrialed my cass and the criminal is now sitting in Federal prison waiting to die, along with the so-called States attorney who was to represent me
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