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Home Front: Culture Wars
Schiavo Appeal Rejected Again in Atlanta
2005-03-30
PINELLAS PARK, Fla. - 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 bid 15 hours later - the fourth time since last week the court 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."

"Dispassionate discharge of duty"??? What crock. Is the judiciary doing their duty? No. The judiciary is flexing its muscles, defying Congress and the Executive branch. They obviously lacks judicial temperment ,and clearly don't give a flip about Terri Schiavo.


Birch went on to scold President Bush and Congress for their attempts to intervene in the judicial process, by saying: "In resolving the Schiavo controversy, it is my judgment that, despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people - our Constitution."

Actually, it's the judiciary that is at odds with the Constitution. Congress functions as the direct voice of the people. Congress was clear about the will of the people, but the death-loving judges are hiding behind technicalities of language. Essentially, the judges are thumbing their noses at the people of the United States.


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.

Wonder why they didn't disclose the vote breakdown. Death threats? Impeachment fears?


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.

The fact that Terri has lived this long CLEARLY indicates the "will to live." That people are equating dying with a disability is beyond me. Terri wasn't terminally ill, she wasn't being kept alive artifically, she didn't even need the feeding tube, since she could swallow without aspirating and enjoyed pudding, jello, and popsicles until Michael Schiavo refused her those things. With rehabilitation, Terri could have been taught to eat on her own. She is being killed because she has a disability that prevents her from being able to speak.


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 ENTIRE court record -- ya think? Nah, that would be too hard and they've got their afternoon golf games to think about. Meeting legal standards = covering their friends' behinds. The fact that Greer dismissed so much evidence makes it clear that he is not following the rule of law, even IF his buddies affirm him.


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.

The only "evidence" is Michael Schiavo's word. If this doesn't send a chill down your spine, it should. An abusive MAN, who is not longer married to a WOMAN, can, on his word alone, put her to death. The judges want people to fear them, and they want absolute power. If we let them, it's our fault.
Posted by:ex-lib

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