Amnorix
03-23-2005, 02:32 PM
Only remedy left now to the parents is to appeal up to the SC. As I've said, I think cert will be denied.
http://www.cnn.com/2005/LAW/03/23/schiavo/index.html
(sorry about some of these font sizes...)
Appeals court denies parents' request to rehear Schiavo case
Schindlers asking Florida legislators to pass new law
ATLANTA, Georgia (CNN) -- The 11th U.S. Circuit Court of Appeals on Wednesday denied a request by the parents of a severely brain-damaged woman for an expedited rehearing of the case.
Bob and Mary Schindler are trying to get the Florida Legislature to take up a bill to restart food and hydration for 41-year-old Terri Schiavo, whose feeding tube was removed Friday.
The latest request, filed by Schindler attorney David Gibbs, asked that the court's 12 judges consider the appeal based on whether Schiavo's legal right to have her claims heard by a federal court would be truncated by her impending death.
The documents asked that the court issue a preliminary injunction prohibiting Schiavo's husband, Michael, and others from preventing the tube being reinserted.
Mary Schindler pleaded for her daughter Wednesday in Pinellas Park, Florida.
"When I close my eyes at night, all I can see is Terri's face in front of me, dying. Starving to death," she said. "Please. Someone out there. Stop this cruelty. Stop the insanity. Please let my daughter live."
President Bush called the situation "an extraordinary and sad case."
"I believe that in a case such as this, the legislative branch, the executive branch, ought to err on the side of life, which we have," Bush said. "And now we'll watch the courts make their decisions."
Earlier Wednesday, a three-judge panel of the 11th Circuit in Atlanta denied the Schindlers' emergency request to restore the tube in a 2-1 vote.
"We agree that the plaintiffs have failed to demonstrate a substantial case on the merits of any of their claims," Judges Ed Carnes and Frank Hull wrote in their majority opinion. "We also conclude that the district court's carefully thought-out decision to deny temporary relief in these circumstances is not an abuse of discretion.
"There is no denying the absolute tragedy that has befallen Mrs. Schiavo," the ruling said. "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 a strongly worded dissent, Judge Charles Wilson said refusing the parents' appeal frustrates the intent of the U.S. Congress, "which is to maintain the status quo by keeping Theresa Schiavo alive until the federal courts have a new and adequate opportunity to consider the constitutional issues raised by plaintiffs."
While the majority opinion said the Schindlers failed to show their case had a substantial likelihood of success, Wilson wrote that the person seeking the injunction "need not establish that he can hit a home run, only that he can get on base, with a possibility of scoring later."
The Justice Department filed documents in the appeals court Wednesday in support of the Schindlers' latest efforts.
Attorney George Felos, representing Michael Schiavo, told reporters Tuesday night that his client is by his wife's side, saying, "That's where he'll remain until she dies." He said Michael Schiavo also has given the Schindlers the right to visit the hospice in Pinellas Park.
Terri Schiavo's feeding tube -- which has provided her with water and nutrients since 1990 -- was removed on the order of Pinellas Circuit Court Judge George Greer.It was the third time the feeding tube has been removed since the legal battle began.
The president signed a bill early Monday that transferred jurisdiction of the case from the Florida state court to a federal court. A federal judge in Tampa, Florida, then denied the parents' emergency request to have the feeding tube restored, and the appellate panel upheld that decision.
Protesters arrested
Protesters who want Schiavo's feeding tube reinserted have been outside her Florida hospice for several days. Sheriff's deputes arrested about a dozen people Wednesday.
The protest was a carefully organized civil demonstration coordinated with police, and the arrests were without incident.
The Rev. Patrick Mahoney, who has been speaking on the Schindlers' behalf, challenged Florida Senate President Tom Lee.
"Let it not be said that Terri was starved with a Republican majority in the [state] House, the Senate and the Governor's Mansion," he said.
"Sen. Lee ... you need to act now. If Terri Schiavo dies, it is on your watch."
The bill that might be considered in the Florida Senate on Wednesday would prohibit the suspension of food and water from patients in a persistent vegetative state when the sole purpose of such a suspension was to end the life of the patient, or if there was any conflict regarding the decision, and if the patient left no living will to express his or her wishes in such a circumstance.
Mahoney also pleaded for Florida Gov. Jeb Bush to take action.
"You may be Terri's last hope. We would ask that use some executive authority to intervene," Mahoney said.
In a statement regarding the appellate decision, the governor's office said Bush was disappointed.
"Time is of the essence, and I hope all who have the ability and duty to act in this case will do so with a sense of urgency," Bush's statement said. "I will continue to call on the Florida Legislature to pass legislation to honor patients' decisions about end-of-life care, protect all vulnerable Floridians and spare Terri's life."
[b]Woman's wishes debated
Michael Schiavo insists that his wife would never want to continue to live in her condition -- what Florida courts have deemed a persistent vegetative state.
People in such a condition cannot think, speak or respond to commands and are not aware of their surroundings.
Terri Schiavo collapsed in her home in 1990, suffering from heart failure that led to severe brain damage. Michael Schiavo said his wife suffered from bulimia that resulted in a potassium deficiency, triggering the heart failure.
The Schindlers said because of the absence of a living will, or written document, clearly spelling out her wishes, their daughter's due process rights have been violated. They said her Roman Catholic faith would prevent her from wanting to die this way.
They also contend that their daughter's condition could improve with treatment.
Court rulings have held that Michael Schiavo is his wife's legal guardian and has the right to make decisions regarding her care.
http://www.cnn.com/2005/LAW/03/23/schiavo/index.html
(sorry about some of these font sizes...)
Appeals court denies parents' request to rehear Schiavo case
Schindlers asking Florida legislators to pass new law
ATLANTA, Georgia (CNN) -- The 11th U.S. Circuit Court of Appeals on Wednesday denied a request by the parents of a severely brain-damaged woman for an expedited rehearing of the case.
Bob and Mary Schindler are trying to get the Florida Legislature to take up a bill to restart food and hydration for 41-year-old Terri Schiavo, whose feeding tube was removed Friday.
The latest request, filed by Schindler attorney David Gibbs, asked that the court's 12 judges consider the appeal based on whether Schiavo's legal right to have her claims heard by a federal court would be truncated by her impending death.
The documents asked that the court issue a preliminary injunction prohibiting Schiavo's husband, Michael, and others from preventing the tube being reinserted.
Mary Schindler pleaded for her daughter Wednesday in Pinellas Park, Florida.
"When I close my eyes at night, all I can see is Terri's face in front of me, dying. Starving to death," she said. "Please. Someone out there. Stop this cruelty. Stop the insanity. Please let my daughter live."
President Bush called the situation "an extraordinary and sad case."
"I believe that in a case such as this, the legislative branch, the executive branch, ought to err on the side of life, which we have," Bush said. "And now we'll watch the courts make their decisions."
Earlier Wednesday, a three-judge panel of the 11th Circuit in Atlanta denied the Schindlers' emergency request to restore the tube in a 2-1 vote.
"We agree that the plaintiffs have failed to demonstrate a substantial case on the merits of any of their claims," Judges Ed Carnes and Frank Hull wrote in their majority opinion. "We also conclude that the district court's carefully thought-out decision to deny temporary relief in these circumstances is not an abuse of discretion.
"There is no denying the absolute tragedy that has befallen Mrs. Schiavo," the ruling said. "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 a strongly worded dissent, Judge Charles Wilson said refusing the parents' appeal frustrates the intent of the U.S. Congress, "which is to maintain the status quo by keeping Theresa Schiavo alive until the federal courts have a new and adequate opportunity to consider the constitutional issues raised by plaintiffs."
While the majority opinion said the Schindlers failed to show their case had a substantial likelihood of success, Wilson wrote that the person seeking the injunction "need not establish that he can hit a home run, only that he can get on base, with a possibility of scoring later."
The Justice Department filed documents in the appeals court Wednesday in support of the Schindlers' latest efforts.
Attorney George Felos, representing Michael Schiavo, told reporters Tuesday night that his client is by his wife's side, saying, "That's where he'll remain until she dies." He said Michael Schiavo also has given the Schindlers the right to visit the hospice in Pinellas Park.
Terri Schiavo's feeding tube -- which has provided her with water and nutrients since 1990 -- was removed on the order of Pinellas Circuit Court Judge George Greer.It was the third time the feeding tube has been removed since the legal battle began.
The president signed a bill early Monday that transferred jurisdiction of the case from the Florida state court to a federal court. A federal judge in Tampa, Florida, then denied the parents' emergency request to have the feeding tube restored, and the appellate panel upheld that decision.
Protesters arrested
Protesters who want Schiavo's feeding tube reinserted have been outside her Florida hospice for several days. Sheriff's deputes arrested about a dozen people Wednesday.
The protest was a carefully organized civil demonstration coordinated with police, and the arrests were without incident.
The Rev. Patrick Mahoney, who has been speaking on the Schindlers' behalf, challenged Florida Senate President Tom Lee.
"Let it not be said that Terri was starved with a Republican majority in the [state] House, the Senate and the Governor's Mansion," he said.
"Sen. Lee ... you need to act now. If Terri Schiavo dies, it is on your watch."
The bill that might be considered in the Florida Senate on Wednesday would prohibit the suspension of food and water from patients in a persistent vegetative state when the sole purpose of such a suspension was to end the life of the patient, or if there was any conflict regarding the decision, and if the patient left no living will to express his or her wishes in such a circumstance.
Mahoney also pleaded for Florida Gov. Jeb Bush to take action.
"You may be Terri's last hope. We would ask that use some executive authority to intervene," Mahoney said.
In a statement regarding the appellate decision, the governor's office said Bush was disappointed.
"Time is of the essence, and I hope all who have the ability and duty to act in this case will do so with a sense of urgency," Bush's statement said. "I will continue to call on the Florida Legislature to pass legislation to honor patients' decisions about end-of-life care, protect all vulnerable Floridians and spare Terri's life."
[b]Woman's wishes debated
Michael Schiavo insists that his wife would never want to continue to live in her condition -- what Florida courts have deemed a persistent vegetative state.
People in such a condition cannot think, speak or respond to commands and are not aware of their surroundings.
Terri Schiavo collapsed in her home in 1990, suffering from heart failure that led to severe brain damage. Michael Schiavo said his wife suffered from bulimia that resulted in a potassium deficiency, triggering the heart failure.
The Schindlers said because of the absence of a living will, or written document, clearly spelling out her wishes, their daughter's due process rights have been violated. They said her Roman Catholic faith would prevent her from wanting to die this way.
They also contend that their daughter's condition could improve with treatment.
Court rulings have held that Michael Schiavo is his wife's legal guardian and has the right to make decisions regarding her care.