Schiavo parents appeal to federal court again

[steve2470]

http://www.cnn.com/2005/LAW/03/25/schiavo/index.html

ATLANTA, Georgia (CNN) -- Hours after a federal judge denied an emergency request from the parents of Terri Schiavo to have her feeding tube reinserted, attorneys took their case back to the 11th U.S. Circuit Court of Appeals.

It is the second time this week the circuit court has been asked to overturn the rulings of U.S. District Court Judge James Whittemore.

Schiavo's parents, Bob and Mary Schindler, say their daughter's due process rights have been violated.

After a special law passed early Monday by Congress, they took their case to federal court.
<snip>

[hlthe2b]

1. Honestly... we need a numbering system to keep up:

I can't tell which "news is new" and which is not.

Maybe # (State or Federal and original challenge versus appeal) FOLLOWED BY/ (# total court challenges)?

I'm really not being facetious. I think this would be instructive if anyone has time.

[Jeff in Cincinnati]

13. One more appeal and they get a free set of steak knives

.

[TexasSissy]

77. HA HA HA HA!

:D That's a good one.

[steve2470]

2. Friday, March 25, 2005 Posted: 10:54 AM EST (1554 GMT)

That's the exact time of this report, it's the latest one.

[westcor]

3. Seriosuly??

I have no idea you could appeal a case 7 times??! They have lost over 20 cases and keep going, what a waste of tax payers money. The poor girl has been in a vegetative state for 15 years, give me a break, who wouldnt want to go out in a dignified manner, granted I think starving her isnt the best way, but I dont think she feels pain so Im not gonna get too pissed about it

[ugarte]

4. There are 12 justices on the circuit Court of Appeals

three of whom will be chosen by lottery to decide whether the whole court should hear the case. The last time around the vote was 10-2 not to hear it. The Schindlers' only hope is that the two judges who voted to hear it the first time are somehow in the initial three-judge panel.

I'm not sure what those odds are, but they're pretty long.

[shay_shay]

7. Even if the Schindlers got those two judges, it wouldn't matter

because Schiavo would immediately ask for a hearing with full court and there is no way the Schindlers would get 7 of the 12 judges on the 11th Circuit to agree with them.

[TheWraith]

80. I believe the odds are 66 to 1 against them getting both judges.

But as shay mentioned, it won't help even if they did center-shoot the bullseye.

On edit: corrected my figures.

[LuminousX]

5. Due Process

How many other people get to have their case heard twenty-plus times?

And is it Terri's due process they are worried about or their own?

At what point do the courts tell them that they have run out of appeals?

[rodeodance]

9. as long as the money holds our, appeals will come. I have that

the parents have recieved lots of money for appeals.

[AlCzervik]

15. $20,000 a filing according to a law specialists i saw on Olbermann the

other night.

[OldLeftieLawyer]

72. At a minimum -

You can't believe how expensive appeals are. The rightwingnuts fundie groups have been bankrolling this for years, bankrolling the parents, as well.

They're trying to get back into court on a new argument - the disability claim. It won't go anywhere.

Mrs. Schiavo is hardly "disabled." I'd say she's "unabled."

The party's over for those hateful parents and their scabrous backers. I just hope Michael Schiavo will have an easy rest-of-his-life, and I hope he lives a long and happy one.

[sescob]

69. My thoughts exactly...

this is probably the most litigated case of it's kind and yet, they claim she hasn't had due process?

:nopity:

[gizmo1979]

6. What about Judge Judy?

They haven't asked her yet have they?

[rodeodance]

8. Schiavo's Health Wanes As Parents Appeal (Yahoo story)

http://news.yahoo.com/news?tmpl=story&u=/ap/20050325/ap_on_re_us/brain_damaged_woman_142
Schiavo's Health Wanes As Parents Appeal

1 hour, 44 minutes ago


By MARK LONG, Associated Press Writer

PINELLAS PARK, Fla. - As Terri Schiavo's health waned, a federal judge refused Friday to order the reinsertion of her feeding tube, thwarting another legal move from the brain-damaged woman's parents. They quickly appealed the ruling.



For a second time, U.S. District Judge James Whittemore ruled against the parents, Bob and Mary Schindler, who had asked him to grant their emergency request to resume their daughter's nourishment while he considers a lawsuit they filed.

The Schindlers appealed again to the 11th U.S. Circuit Court of Appeals (news - web sites) in Atlanta to review Whittemore's ruling. The Atlanta court refused earlier this week to overturn a previous Whittemore ruling.

Gov. Jeb Bush has ordered his legal team to scour state laws for a way to reconnect Schiavo's feeding tube. There were calls from the parents' supporters for him to take further action. ....

[Demit]

10. Judge Judy would be great. She wouldn't even need the full half hour

to put this into perspective. "Mr. and Mrs. Schindler, all these matters have been adjudicated. The law is clear. Do you love your daughter? Then go make peace with her now."

[renaissanceguy]

22. I think Judge Judy would tell them

they're brain dead.

[rocktivity]

53. Ironically, Terri's the one

who is brain dead. For that reason alone, her body should be dead, too.

:headbang:
rocknation

[salin]

11. Crux of this move may be in the following paragraph:

Legal experts say there is little chance the three-judge panel in Atlanta will side with the Schindlers. It is unclear if the panel will consist of the same three judges that denied the parents' previous appeal by a 2-1 vote.

Possible judge shopping? Or more cynically, hopeing that news of intimidation (death threats against those who are seen by the frenzied radicalized religious right as obstructing the "saving" of Ms. Schiavo) might change the outcome?

[SemperEadem]

21. They're tossing justice like it was a salad

they're not going to be satisfied until they have been to every court in the land because this isn't about them: this is about the right wing agenda stomping its way into private lives of American citizens.

Isn't * the one who ran on less litigation? Bringing frivolous lawsuits? Aren't the rethugs the party for 'less governmental intrusion'--oh, that's for corporations, not private citizens.

[scavok]

12. At this point I have to wonder

whether the parents are even in control of the process anymore.

These people have allowed high-powered anti-abortion lobbyists and lawyers into their lives in order to keep the hope alive that some miracle will bring their daughter back to them. And the outsiders have preyed on these hopes to turn Terry Schiavo into a martyr for the right to life cause.

I feel sorry for any parent who has to bury one of their children. It isn't supposed to happen that way.

But my sympathy abruptly stops beyond the Schiavo and Schindler families. All of the politicians and news organizations are nothing more than necrophiliacs and parasites. (in that order)

[Jeff in Cincinnati]

14. During the past several weeks...

I haven't seen the parents on television once making their case to the cameras -- seen plenty of Terry Randall, though. I agree that it's possible that their lives and their daughter's cadaver have been hijacked by these ghouls.

[ugarte]

16. Parents not in control, just puppets for the Cause

Even if they decided to pull the plug on the appeals, they're not calling the shots anymore.

[rodeodance]

17. love for a child has a way of manifesting itself in different ways--ways

that I do not understand.

[Jeff in Cincinnati]

45. You know that they have to be hurting...

but it's getting harder by the day to be sympathetic toward them.

[tishaLA]

43. The parents practically have their own network now

FOX "News" where they have been fixtures. Constantly on Hannity, etc. And their other kids are there all the time as well. "Bobby" Schindler has been all over CNN and on MSNBC too--he just picks the shows where he won't get tough questions.

[Jeff in Cincinnati]

44. That's why I haven't seen them...

Never watch it that network.

[meganmonkey]

18. (Schindlers) say their daughter's due process rights have been violated

:wtf:

Give me a break. More money and energy has been spent on these useless appeals... All of the courts have come to same damn conclusion!!!

Frivolous fucking lawsuits...aarrrrrggghhhhh......

:argh:

[CO Liberal]

19. Schiavo father: 'Down to her last hours'

Schiavo father: 'Down to her last hours'

Family appeals in federal court again

Friday, March 25, 2005 Posted: 12:28 PM EST (1728 GMT)

PINELLAS PARK, Florida (CNN) -- The father of Terri Schiavo, the severely brain-damaged woman whose feeding tube was removed a week ago, said Friday his daughter is "down to her last hours."

Bob Schindler, Schiavo's father, said, "Terri is weakening. ... Something has to be done, and has to be done quick."

Schindler said the family's hopes lie with the 11th U.S. Circuit Court of Appeals in Atlanta, Georgia, which is hearing -- for the second time this week -- an appeal claiming Schiavo's due process rights have been violated.

Schiavo is in her seventh day without food or water since Pinellas County Circuit Judge George Greer ordered the tube removed for the third time.

<more>

http://www.cnn.com/2005/LAW/03/25/schiavo/index.html

[rocktivity]

20. Terri's brain is DEAD, not damaged

and that's why her body should be, too.

:headbang:
rocknation

[CO Liberal]

40. In Fact, Terry Schaivo Died in 1990

Her body just never got the message.

[steve2470]

23. Schiavo down to 'last hours,' says father

http://www.cbc.ca/storyview/MSN/world/national/2005/03/25/schiavo-appeal050325.html


SEMINOLE, FLA. - Saying his daughter is down to her "last hours," the father of a brain-damaged Florida woman pleaded with a U.S. federal appeals court to order the reinsertion of Terri Shiavo's feeding tube.

"Terri is weakening. She's down to her last hours," said Bob Schindler. "Something has to be done and done quick."
Demonstrators in Pinellas Park, Fla., ask for the help of Gov. Jeb Bush to save the life of Terri Schiavo. (AP Photo/Evan Vucci)

Schindler and his wife Mary filed a new emergency appeal on Friday to have a feeding tube reinserted in their 41-year-old daughter, arguing that her due process under the law and her religious rights are being violated by the removal of the feeding tube one week ago.

Earlier in the day, a Florida court ruled against the Schindlers, denying their request to restore the tube that keeps Schiavo alive by supplying her with nutrients and liquids.

<snip>

[lebkuchen]

24. Will there be violence, thanks to the Bushie/media frenzie?

That is the question.

[pacalo]

37. The devisiveness caused by this extremist administration IS the crux

of the problem. And the media who has perpetuated the mob mentality is to blame, also.

This administration of lunacy advocates "pro-life" only when politically convenient. Meanwhile, it wants to cut the life support of disadvantaged Americans, including veterans, through extensive budget cuts.

And this administration - all of whom refused to serve in the war of their own era - led this country into a despicable direction by bombing the hell out of a country that had nothing to do with 9-11.

And as it is happening, this administration mishandles billions of dollars allocated for this unnecessary war, "losing" millions, and forgetting about the one thing that should have been top priority: the safety & welfare of our troops.

[lebkuchen]

39. Which is why I don't buy US corporate

I want to contribute to the removal of their feeding tube, no offense to Terri, may she go peacefully and painlessly.

[pacalo]

42. The case has been heard by 19 judges in 6 courts, including

3 appeals to the Supreme Court. All of these judges have determined through the facts that Terri Schiavo would not want to live in a permanent vegetative state.

To create a mob mentality of madness because they don't like the results obtained through due process is outrageous.

And to liken this to the fanaticism of the McCarthy era would not be out of line. I read today that Pat Robertson is blindly slandering the conservative Republican judge who ruled that Schiavo's feeding tube be removed:

Pat Robertson told Sean Hannity: "I don't know what Judge Greer's qualifications are, but I do know in Florida you can serve in the bench without having any legal training whatsoever."

Greer has a law degree from Florida University & has been a Florida state judge for 13 years, re-elected several times.

http://www.sptimes.com/2005/03/06/Tampabay/Quiet_judge_persists_.shtml

[joldnir]

51. This is a set up.

Conservative repukes could have added words to their bill to force the feeding tube back in. Gov * could have taken temp custody of Terri, before announcing his plans.

IMO, this is a set up by the extreme right to show that there are rogue judges making law, instead of ruling upon the law. Sadly, I feel that this is the beginnings of the right trying to weaken judges. Then watch out! Once judges have been weakened, they will ram all kinds of bills through congress without worries of them being over turned.

Already, there are some talk being started as to how can a judge be more powerful than the president, congress, a governor, and state congress.

[rodeodance]

55. oh, i am sure that the Repugs will use it as 'activist judges'--but the

public does not agree with them--so it is risky in this case.

[lebkuchen]

60. especially not after a judge's husband and mother were murdered

Even if the deed was perpetrated by a psycho, knowing that some in the US are capable of that kind of behavior leaves one with the feeling that we're already living on the edge of anarchism--all that's needed is a push.

[Love Bug]

57. You make a good point

Welcome to DU!

You make a good point. Add to that the probable attempt by the Senate to change the rules to stop fillibustering on judicial appointments, and you can see the contempt the RW has for the courts unless they have chosen the judges.

[pacalo]

61. I agree.

But I think the eyes of some conservatives are being opened by the social conservatives' irrational behavior. Perhaps this case will provide a much-needed insight as to why there should be no extremist judges appointed & enough conservatives will vote intelligently on future judicial nominations by this radical administration.

The Schiavo case is a preview of what's to come in the future if radicals are appointed to federal courts.

[OldLeftieLawyer]

73. It's not a question of "more powerful"

It's that we are a nation of laws, not hysterical politicians and fundamentalist headcases, and, I am proud to say, the system of laws has prevailed here, as well it should have.

Now we'll hear crap about "God's law," and it's time for all clear-thinking Americans to shout back at these assholes, "God's law is fine for you to live your life, but it's not how we govern our nation!"

Amen.

(I couldn't resist.)

[NYC]

78. I agree that it is a power play.

Welcome to DU. :hi:

[lebkuchen]

56. Pat Robertson--isn't he the purple teletubbie guy?

I doubt Greer is concerned.

[NYC]

76. Man tries to steal gun to "rescue Schiavo":

Edit: Thread moved; replaced link.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=1340498&mesg_id=1342013

[leftofthedial]

25. poor woman

being made a spectacle by a bunch of insane zealots

[RebelOne]

32. Well, thankfully, she's not aware of it. n/t

[leftofthedial]

41. still, it's disrespectful

and a disgrace

[ewagner]

26. said Bob Schindler. "Something has to be done and done quick."

These words are the "call to action" I've been fearing....

these are the words that may lead to violence.....

hold on folks.....

hope for the best!

[fleabert]

27. I really hope she doesn't die till tomorrow. the fundies will have a field

day with this being Good Friday for them. (arbitrary day, I know, but they seem to forget that)

[sniffa]

28. quick, there's stiLL time

for her to die on good friday!

[caledesi]

35. Good for the upcoming movie that u KNOW they will do.

Book too.

[jdj]

38. well I guess we should look for her to come back on Sunday. n/t

[OldLeftieLawyer]

74. Listen, whoever you are, jdj -

I love you for that.

:toast:

[zara]

29. Do GOP brains register EED?

Ralph Nader?
David Boies?

[Ganja Ninja]

30. Only a little over 10 hours if she's going to make the ...

Good Friday deadline. I can just imagine the craziness if she does. Easter will be a real circus.

[tritsofme]

31. Does she have to die on Good Friday?

This only further diefies her to the right.

[AllegroRondo]

33. And hes qualified to make a medical diagnosis

[Demit]

34. O no! The Schindlers time in the limelight is almost gone!

[LisaM]

36. I feel very sorry for her family

this is obviously tearing them apart. I don't agree with their decision - but they are clearly hurting.

[rodeodance]

46. Schiavo parents' supporters begin to lose hope (If Jeb makes a move

resue Terri he would be held in contempt of court as Judge Greer has issued an order for the hospice not to release her.
So, his hands are tied--no pun intended (handcuffs would be a hoot on Jeb boy).


.....So, with no hope in the courts, they are turning at the 11th hour to Governor Jeb Bush, urging him to take action, under what they say is his right under state law, to take custody of Terri Schiavo and protect her.

Some have been very critical of the governor for making statements about the power that he and the state has to take control of the situation and not doing it in the end.......


http://www.msnbc.msn.com/id/7284660/

Schiavo parents' supporters begin to lose hope
With legal options dwindling, pressure now on Gov. Bush

By Mark Potter
Correspondent
NBC News
Updated: 12:28 p.m. ET March 24, 2005

PINELLAS PARK, Fla. - As the Supreme Court again refused to order the reinsertion of Terri Schiavo's feeding tube, the crowd holding vigil outside of her hospice continued to swell on Thursday.

[CO Liberal]

47. "the crowd holding vigil ... continued to swell on Thursday."

Don't these people have JOBS?

Or LIVES????

:shrug:

[napi21]

48. Do it Jeb! I want to see you in cuffs!

Actually, I think Jeb is too smart to do that. He's not going to do anything that will put him in legal jeopardy.

[rodeodance]

54. that would be the only reason he does not call out the guard-

[caligirl]

49. Jeb is in the quicksand of polls. finally we know they do watch

public opinion. If it were reversed you know he'd break the law.

[fob]

50. I thought those bush*s had "conviction of character", what happened?

Jeb!s gonna wuss out because an "activist Judge" signed a piece of paper? C'mon Jeb!, that's no way to start your 2008 campaign by skulking away. Be a man like your mother Barbara and use a boxcutter to steal a gun and run in there and give Terri a glass of water (that she can't drink). Baawwwkkkk, chickenshit Jeb!

Idea for an intiative to put to the people; Any memeber of the bush* crime family is hereby ineligible to hold ANY public office.

[rodeodance]

59. handcuffs are pretty convincing in my book--Jebs also it would seem

[LiberteToujours]

52. Are you allowed to just make as many appeals as you want?

Are there any laws regarding this?

[rodeodance]

58. Judges have a right to disregard some filings after they determine the

charge is being made time after time. But i think in this case, it is too violitile for them to do this. It would cause an uproar.

[louis-t]

62. Schiavo "Down to Her Last Hours" Father Says

snip

In an indication of the passions the case had aroused, Pinellas County sheriff's officials said they had jailed a man who drove from Illinois to Florida and tried to steal a gun to "rescue Terri Schiavo."

Michael Mitchell, 50, of Rockford, Illinois, tried to rob a gun shop in Seminole, Florida, after turning up at the hospice, where "he reportedly told deputies he decided to take some action ... and rescue Terri Schiavo," sheriff's spokeswoman Marianne Pasha said. (Additional reporting by Jim Loney in Miami and Michael Peltier in Tallahassee)
snip

These people are nuts.
Lou

http://story.news.yahoo.com/news?tmpl=story&cid=578&e=1&u=/nm/20050325/ts_nm/rights_schiavo_dc

[deadparrot]

63. Not just "nuts," my friend.

Fucknuts.

[LiberalinNC]

64. Randall Terry said that even Jesus was given Water by the Romans

when he said he was thirsty...WRONG!!!! Jesus was given vinegar!!!

"According to other gospel accounts, it was almost three hours Jesus was hung on the cross before he breathed his last. Jesus knew that all that was prophesied in the Scriptures was completed. So what did he do? He said, “I am thirsty.” Of course, at this time Jesus’ blood flew down, he could hardly breathe the air because of his weighed down body. His lips thirsty burning. He said, “I am thirsty.” His word triggered some people to act. They brought a sponge soaked with wine vinegar to Jesus’ lips. We know that vinegar will cause fire rather than quenching his thirst. Knowing all, Jesus said, “I am thirsty,” only to fulfill the word of prophecy in Ps 69:21. “They put gall in my food and gave me vinegar for my thirst.” Jesus lived by God’s words and determined to fulfill God’s will to the end of his life, though he was breathing his last."

[Technowitch]

66. The vinegar thing is actually a misinterpretation

Roman soldiers used to drink vinegar'd water all the time. It's an amazing thirst-quencher.

And before you ask -- yes, I've tried it. Vinegar-water became a regular staple for me on long wilderness hikes.

Assuming that whole thing actually happened as your Bible describes, the Roman soldiers were in fact trying to be kind, in some small way.

[hippiechick]

65. dupe, its already part of this thread ....

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=1341098&mesg_id=1341098


:hi:

[peterhydaniels]

67. Congressional Democrats

Democrats who voted with Republicans in favor of sending the Terri Shiavo case to federal court have really dropped the ball.

Vast majorities of Americans oppose such intervention. All significant facts surrounding the case support the husband's determination to allow Terri a digified death.

Meanwhile, congressional Republicans and Jeb Bush keep digging a hole deeper and deeper in the direction of extremism and nauseating political grandstanding.

This is an issue they forced upon the American people. It is the Democratic party's job to point out that this issue reveals the petty political nature of the Republican leadership, their shameless pandering nature and the desperation of one man in particular, Tom Delay, to take the spotlight off of his own political misfortunes.

[napi21]

79. I believe the Dems should stay out of this now.

The Pubs are doing just fine digging, and we shouldn't interrupt their failure.

[grumpy old fart]

68. Go Jeb Go, Go Jeb Go, Go Jeb Go......

What a pussy. What kinda president ya gonna be if you let a little thing like the law stop ya. Come on, ya know you want to.....hehehehe

[daleo]

70. I have been impressed by the judiciary so far.

Six months ago, I would have said one of them would cave into the political pressure. After all, any judge going against the wishes of the two Bushs is probably not helping his career prospects. Add the death threats, and rewards the political system can dangle in front of a judge, and you have a level of integrity that is quite commendable.

[ElectroPrincess]

71. Yes, I'm also pleasantly surprised ... as it SHOULD be = balance of power

[OldLeftieLawyer]

75. I am so proud

to be part of the legal system. I don't know if I've ever been prouder, given how these judges, at a time when judges' families are fair game, have properly and compassionately and correctly applied the law, time and time again, in this case.

It takes real balls to stay this course, and these judges - most notably Greer, who got invited to leave his church after he ruled against the Schindlers - have been uniformly loyal to the majesty of our system of jurisprudence.

Then, there's the matter of the lawyers who are representing the Schindlers, and I am thinking of a thing called Rule Eleven.

http://tinyurl.com/2vpql

[Moderator]

81. locking

updated thread here:
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=1342577&mesg_id=1342577