Court Rejects Schiavo Parents' Request (2nd time today)

[maddezmom]

1 minute ago U.S. National - AP


By ELIOTT C. McLAUGHLIN, Associated Press Writer

ATLANTA - For the second time in less than a day, a federal appeals court Wednesday rejected a bid by Terri Schiavo's parents to have her feeding tube reinserted. Florida lawmakers, meanwhile, debated another last-ditch effort to prolong her life.


In a 10-2 decision, the 11th U.S. Circuit Court of Appeals (news - web sites) refused Bob and Mary Schindler's request for an "expedited rehearing" by the full court. A three-judge panel from the court ruled against the family earlier Wednesday.


The court did not immediately give an explanation for its decision. The parents have vowed to take their fight to the U.S. Supreme Court (news - web sites), which has refused to get involved previously.


Supporters of the parents grew increasingly dismayed by the developments, and 10 protesters were arrested outside Schiavo's hospice for trying to bring her water. The severely brain-damaged woman's mother pleaded, again, to keep her daughter alive
~snip~
more: http://story.news.yahoo.com/news?tmpl=story&cid=514&e=1&u=/ap/20050323/ap_on_re_us/brain_damaged_woman

[Fenris]

1. Damned activist judges!

:crazy:

[underpants]

2. 24 No's NOW

[Renew Deal]

50. And about 30 judges.

:shrug:

[TahitiNut]

53. 32, I think

19 during Florida state court battles
+1 federal district court
+3 11th circuit court per curiam
+9 more 11th circuit court en banc
___
32


Interestingly, Pryor is on the 11th Circuit.

[OldLeftieLawyer]

3. Watch Jeb

I just watched the most shameful and offensive show put on by Jeb Bush and his counsel.

Some crap about alleged abuse, Protective Services, and a neurologist who is claiming that Mrs. Schiavo is not in a PVS. Of course, he did not examine her.

They're really scrambling now.

I find myself praying for that woman's death. God forgive me.

[Dhalgren]

6. All of this posturing and scrambling for some sort of

sop to the fundies is playing out very badly for the RW in the country. The population is on the alert, now. Everything these Taliban MFers do, now, is seen through the prism of "strangers involving themselves in my family's business." This is just going to get worse for the "Born-squared" crowd...

[patcox2]

10. A Caligula moment for the rethugs.

The emporer Gaius Germanicus, known as Nero, supposedly became so intoxicated with his own power and convinced of his invincibility that he appointed his favorite horse, Incitatus, as Proconsul, a cabinet level post in ancient rome.

Commentators back in 1980 said something similar about Reagan appointing James Watt sec of interior.

A "caligula moment" marks the point at which a power mad person's insanity becomes evident, the point at which their hubris begins the process of their downfall, and I think its happening.

[alcibiades_mystery]

43. Um, Nero was not Caligula

They were two different people. Gaius Germinicus was Caligula. Nero, who had been adopted by Claudius (who succeeded Caligula, I believe), ruled later.

[Love Bug]

19. How can Florida do anything now?

Once this got to the Federal courts, didn't Florida lose jurisdiction? Wasn't that the whole point of the law congress passed Sunday night?

[MADem]

24. A very clever poster on another thread said

...that Jeb should send in the Guard--but WAIT! They're all in Iraq!

I had to laugh....!

[OldLeftieLawyer]

28. No

That "law" was a naked, and unconstitutional, attempt to wrest jurisdiction from the state courts.

It's failed, and it will continue to fail.

Florida courts retain jurisdiction.

[merh]

47. I know what you mean.

:cry: I have found myself praying for her death and praying for forgiveness for the contempt and hate I have in my heart for these evil bastards that are using her. :cry:

If I burn in hell, it will be because of the hate I have in my heart for these corrupt, hypocritical, liars and thieves!

[bluestateguy]

4. Maybe those conservatives who wanted to limit appeals had a point

Maybe.

[patcox2]

7. Who is that in that photo?

What a June and Ward cleaver perfect beautiful family. I mean that with no sarcasm.

[LostinVA]

15. The cast of American Dreams

One of the best -- and least marketed -- shows on TV.

[Rainbowreflect]

22. I totally agree with you.

One of only 3 shows I watch regularly.

American Dreams
West Wing
The Daily Show.

What else would I need?

[OldLeftieLawyer]

27. "House"

On Tuesdays, on FOX, of all networks, at 9 pm.

It's the most brilliant show on TV right now. Just brilliant. Do not miss it.

[MADem]

18. I have a friend who does not miss that show

It's AMERICAN DREAMS, I think. It is about a family during the Vietnam era, set against the backdrop of American Bandstand. The father owns an appliance store--someone can tell you better than me, but I think it is Philly (they ignore the fact that AB pulled up roots, and they use actual footage of Dick Clark interdispersed with the actors--cleverly done). They have guest artists of today playing the parts of popular singers of days gone by (Marvin and Tammy, Aretha, etc.). I don't watch much network TV, but I've caught it every now and again, and it isn't bad.

[LiberalinNC]

5. When will they just give up and realize that they should be sitting next

to their daughter before she dies. (as a parent, that is where I would be, and would want the attorney's fighting this) I would imagine Michael Schiavo would at least allow them that.

[Dhalgren]

8. As a parent, I would want to honor my child's wishes.

I certainly would not drag her through this three-ringed circus. Finally, death with peace is what I would hope for. But that's just me...

[LiberalinNC]

11. That is what I would want too.

I was speaking figuratively. I would NOT have done what her parents have done, this has become a disgusting, ridiculous spectacle.

[Dhalgren]

17. Right.

And in the end, through all of this circus and spectacle, the only person who even talks about Terri as a person is her husband. Everyone else seems to be too high up on their soapbox to consider her, as a person. In her life, she was lucky to have him...

[BrklynLiberal]

9. It may be a phyrric victory. When Terri finally passes away peacefully,

the RW Fundie Repukes will have a martyr to use as rallying point for their blood thirsty base.
I hope this ploy will have alienated enough of the remaining semi-coherent Conservatives, Republicans and other small government people, so that the Repukes will not be able to fool them again in the future.

[Dhalgren]

21. Yeah, I see a major Democratic victory in '06 and it won't be

because of what the Democrats have done, but rather what they have not done. And the Republicans will be left to curse their handlers and their masters. If, of course, the vote counting is fair and honest...

[jdj]

35. I doubt this because fed judges are their guys, mostly.

something like 2/3 of fed judges are conservatives, and remember, the repukes voted this in.

This is a lose lose for Bush, either he orders in a swat team or tells Jeb too, or the fundies are going to be pissed at them. Dems just need to stay quietly out of this and let them eat their own.

[librechik]

12. Countdown to "democrats murdered Terri!"

won't be long now...

[leftofcool]

14. It's all Clinton's fault....................eom

[MADem]

20. And libertarians, and conservative republicans, and, and...and

HEATHENS!!!!!! It's all about the HEATHENS!!!!!!

[jdj]

36. nope, that ain't gonna fly, this is about separation of powers.

and the people in power in both cases are repukes.

this is about how hard the fundies want to pull on the short hairs of the republican party before they give up and split off from it.

[flamingyouth]

13. How would you like to have a family member in this facility?

You're trying to visit your loved one (who is not Terri Schiavo) and the parking lot and entrance are full of these nitwits trying to "save" her. Like it's not heartbreaking enough to actually have a family member in hospice care anyway. :(

[CoffeeCat]

16. Wow! Seven of those 12 judges are Republican...

...and a few of them were appointed by Bush Sr.

This gives me hope.

Sometimes people do the right thing.

The system is working.

[MADem]

23. States' Rights--that's the GOP way

It's the chimp and his pals who have lost their way. Hopefully they'll start to realize this. You can't cherrypick your federal interference, you're either with 'em, or agin' em!

I have to say that the cognitive dissonance the GOP is experiencing is amusing to watch (probably the only source of amusement in this whole, sad, unfortunate tale)...they're like babies who don't know where the ball went when you hide it under the blanket!

[Weembo]

25. The rule of law is clear in this case

Each opinion is cleanly written and compact. It's time to let her go and pray for peace inside those left behind.

[OldLeftieLawyer]

30. Yes, the system does work

That's why all the courts have ruled in favor of Michael Schiavo.

We are a nation of laws, and times like this, I'm so proud of be a part of the system.

[CoffeeCat]

41. We're proud that someone like you is part of the system! (nt)

[calimary]

44. Maybe we should mention that they've ruled in "Defense of Marriage"

since they're siding with Terri Schiavo's um - HUSBAND - uh - SPOUSAL UNIT - er - MARITAL PARTNER. Or is this more "situational ethics," republi-CON style? After all, isn't that one of the fondest wishes/demands of the radical wrong?

[Renew Deal]

51. Except if there is a justice dept "opinion."

[fryguy]

33. dam activist judges!

eom

[sonicx]

34. those liberal activist tyrant judges stop at nothing!

[4_Legs_Good]

26. They can still appeal to the SCOTUS, right?

Will they? I don't think they have a chance there. Thomas is a strict states rights advocate, and I don't think he'll necessarily give his gratuitous Scalia x 2 vote this time.

david

[sonicx]

29. yes, and they will probably not take the case

[OldLeftieLawyer]

31. Agreed

It's been there twice before, and the Supreme Court has refused it.

[Toucano]

38. I kinda hope they do take the case.

so that they can strike down the unconstitutional law Congress passed to move the matter to the federal court.

I think the U.S. Congress needs to be discouraged from such theatrics in the future, I guess.

[sonicx]

40. is that law even being challenged? i thought this was just about

reviewing the Florida court case?

[OldLeftieLawyer]

56. Read John Conyers' statement on Sunday night

The Congress almost routinely makes special laws for special people and corporations. They love to make special laws for special (read: big donor) corporations.

John Conyers gave a really good history of that on Sunday night before he voted against the Terri "law." I would urge you to read it. You'll be shocked.

Read this, and weep: http://www.skepticfiles.org/conspire/morgfort.htm

[VirginiaDem]

39. Kennedy makes the call and he will likely reject it n/t

[fryguy]

32. what's the symbolism of the taped mouths?

i've seen this at a variety of junctures and on different websites. are they saying after appeals in every court so far that the family is being kept from making their case? that's absurd.

[proReality]

37. The squeakiest wheels...

have been silenced maybe?

[OldLeftieLawyer]

42. I think......... I hope

it's how the protestors are going to starve themselves to death in solidarity with Mrs. Schiavo.

I approve of this.

[TahitiNut]

54. I approve of self-cleaning gene pools, too.

A good use for Tom Ridge's duct tape.

[saigon68]

58. Surprised the "Ridge" Corpse hasn't surfaced.

Like the drunks who fell in our East River this winter and drowned --

Now popping up to the surface like corks, as spring arrives and the contents of their stomachs ferment.

[spunky]

45. I thought it was symbolic of Terri Schiavo's inability to communicate

her own wishes. . . ?

Maybe those who cannot speak are assumed to choose life?

I've been confused by them myself.

[ast_liberal2008]

46. Appeals Courts made the right decision

"There is no denying the absolute tragedy that has befallen Mrs. Schiavo," Judges Ed Carnes and Frank M. Hull of the appellate court wrote in their 32-page decision. "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. In the end, and no matter how much we wish Mrs. Schiavo had never suffered such a horrible accident, we are a nation of laws, and if we are to continue to be so, the pre-existing and well-established federal law . . . must be applied to her case."


This is what everyone is forgetting, this isn't a question of religion, it is a question of the rule of law. I am disgusted with the extent of the involvement of the federal government.

[aWaKeNoW]

48. I agree with you

totally. That's what I have been saying for the last few days. It is not only disgusting..it's down right scary as hell that the "separation of powers" seems to be starting to unravel before our eyes.

[katinmn]

49. I'm so glad they are following the law

Whew. It's been worrisome.

[Mills Street]

52. Judges usually seem to come through. n/t

[Lone Pawn]

55. It's those activist judges again, always tyranically upholding

the last dozen results of the same damn case!

[leesa]

57. Ya think these control freaks were part of the reason for Schaivo's

bulemia? So controlling they won't even let her die in peace.

[Moderator]

59. locking

latest update here:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x1337331