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   Supreme Court rejects Schiavo Appeal

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Topic: Supreme Court rejects Schiavo Appeal (Read 266 times)

Insane 4 Survivor
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Supreme Court rejects Schiavo Appeal
« on: Mar 24^th, 2005, 9:49am »

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U.S. Supreme Court rejects Schiavo parents' appeal
State judge who ordered feeding tube removal gets case again
Thursday, March 24, 2005 Posted: 10:40 AM EST (1540 GMT)

WASHINGTON (CNN) -- The U.S. Supreme Court rejected Thursday an appeal by the parents of Terri Schiavo to have their severely brain-damaged daughter's feeding tube reinserted.

The court, without comment, refused to intervene after the 11th U.S. Circuit Court of Appeals twice Wednesday turned down a plea from the parents, Bob and Mary Schindler

The fate of Terri Schiavo is also in a waiting stage on another front -- the Florida circuit court where the judicial wrangling began seven years ago.

Schiavo's parents and her husband have been at odds over the woman's care, and the battle has drawn in religious conservatives on the side of the Schindlers to fight Michael Schiavo's efforts to let his wife die, as he says she wanted.

Twenty court rulings have sided with Michael Schiavo, who as husband is also guardian. The courts have ruled that evidence shows Terri Schiavo expressed her wishes, although she did not have a written living will.

The Supreme Court petition was given to Justice Anthony Kennedy, who has jurisdiction over emergency appeals in cases arising in the 11th U.S. Circuit, which includes Florida, where Terri Schiavo lives in a hospice.

It was the fifth time the case has been presented to the Supreme Court, which has consistently refused to hear it.

Most recently, on Friday, lawyers for the House of Representatives filed an appeal asking the justices to intervene in the case. The appeal was denied without comment.

On the Florida front, Pinellas-Pasco Circuit Judge George Greer has said he will rule by noon Thursday on the latest effort by Florida officials to intervene in the case.

Greer had ordered Schiavo's tube removed last Friday, after seven years of court battles between the Schindlers and Michael Schiavo. The issue now before Greer involves allegations that Terri Schiavo may have been abused by her husband.

In addition, in a petition by the Florida Department of Children and Families (DCF), a neurologist who examined Schiavo's medical records found she was "most likely in a state of minimal consciousness," rather than the persistent vegetative state previous doctors have diagnosed.

According to the petition, the agency's board-certified neurologist, Dr. William Polk Cheshire, has information "that seriously challenges the diagnosis that Mrs. Schiavo is in a persistent vegetative state," as courts have upheld.

"This new information raises serious concerns and warrants immediate action," Florida Gov. Jeb Bush said. (Full story)

Bush has vowed to do "everything within my power" to restore Schiavo's feeding tube.

David Gibbs, attorney for Schiavo's parents, called the neurologist's findings "shocking new medical developments."

Greer barred Florida authorities Wednesday from removing Terri Schiavo from the hospice.

The judge in 2002 rejected arguments put forth by doctors chosen by Schiavo's parents that she was not in a persistent vegetative state. Three other doctors -- two chosen by Michael Schiavo and one chosen by the court -- concluded she was in that state.

The DCF alleges that 30 "detailed allegations of abuse, neglect or exploitation" have been made against Michael Schiavo, including a failure to provide his wife with adequate therapy.

There was no immediate response from Michael Schiavo about the petition, but he has said he loves his wife and has provided her with the best care possible.

Late-night appeal to justices
Anticipating the Schindlers' appeal to the U.S. Supreme Court, House Republican leaders filed an amicus curiae, or "friend of the court," brief with the high court about 6:30 p.m. ET.

The Schindlers' appeal was filed just before 11 p.m. ET.

"If the tube is not reinserted by order of this court, Terri will die before this court is able to consider the merits of the petition," the appeal read.

"The United States of America must stand for life, accuracy, and fairness in the process afforded to an innocent, incapacitated woman."

The Schindlers, in their Supreme Court brief, said that "a miraculous event occurred during the weekend," citing the report of Barbara Weller, an attorney with the Christian Legal Society.

Weller said before the feeding tube was removed Friday, she urged Terri to say "I want to live," and Terri responded "Ahhhhhhh waaaaaaaa," which she interpreted to mean "I want to live."

Earlier Wednesday night, Bob Schindler accused Florida Judge Greer of being "on a crusade" to kill Terri.

"I don't think that the courts are going to be helpful at all. Actually, they have banded together to uphold this one particular judge," Schindler told CNN's "NewsNight with Aaron Brown."

"We've had very little success in the courts. They're not hearing any of the evidence that we've presented them, and our only hope at this point as we see it is through the governor (of Florida) and the Department of Children and Families."

Schindler said he believes Gov. Bush can exercise executive authority to prolong his daughter's life, at least until the legal issues are sorted out.

"She has been really railroaded into a death sentence by this particular judge, the circuit court judge. ... He has a crusade to kill this girl."

The parents visited their daughter Wednesday, flanked by police. Groups of activists who support them were outside the hospice.

A Roman Catholic monsignor who is one of the parents' spiritual advisers accompanied the family, and said afterward that although Terri Schiavo's tongue was still moist, they applied some Vaseline to it.

A day of setbacks for parents
Terri Schiavo's parents suffered several setbacks Wednesday:

A three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta refused by a 2-1 vote to order the tube reinserted.

The full 11th Circuit later in the day voted 10-2 not to reconsider the panel's rejection.

In Washington, the Bush administration said there was nothing more it could do.

A bill in the Florida Senate aimed at prolonging Terri's life failed 21-18.

The U.S. Justice Department has filed "statements of interest" supporting the parents in each court action.

Last weekend, President Bush signed a bill passed by Congress moving the Schiavo case from state to federal courts, and Monday, U.S. District Court Judge James Whittemore in Tampa refused to grant a temporary restraining order that would have allowed reinsertion of the woman's feeding tube.

Terri Schiavo suffered profound brain damage in 1990, when her heart stopped temporarily, perhaps because of an eating disorder. Since then, she has received around-the-clock care.

In 1998, her husband petitioned to have her feeding tube removed. After court rulings, the tube was removed for two days in 2001 and six days in 2003.

Gov. Bush strongly urged the Legislature to pass a bill that would save Schiavo, as it did in 2003. That law allowed Bush to order doctors to restore Schiavo's feeding tube six days after it had been removed. But that law was later declared unconstitutional by the Florida Supreme Court.

Since last Friday, Michael Schiavo has been at Terri Schiavo's bedside, his lawyer, George Felos, has said.

Mary Schindler said Wednesday: "When I close my eyes at night, all I can see is Terri's face in front of me, dying, starving to death."

CNN's Ted Barrett, Joe Johns, Bill Mears and John Zarrella contributed to this report.

« Last Edit: Mar 24^th, 2005, 9:49am by Insane 4 Survivor »

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luci
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Re: Supreme Court rejects Schiavo Appeal
« Reply #1 on: Mar 24^th, 2005, 10:09am »

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This Mother is NOT being realistic. She also has chosen the tapes of Terri from FIVE years ago. By now no doubt Terri is much worse condition.

While visiting with my Mom yesterday, we talked about this and she at 84, in bad health, also feels the Mother should let her daughter go. Keeping one alive for our own selfish reasons is not enough for our family. Cherish the memory of Terri alive and well is what we would do!
This Mother needs to let go and enjoy the years she has left and the remainder of her family. Instead she dwells on one!

My heart goes out to this MOther, but more my heart goes out to the Husband and Dad of Terri, and the other siblings.

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Re: Supreme Court rejects Schiavo Appeal
« Reply #2 on: Mar 27^th, 2005, 5:22am »

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I feel bad for Terri. A week without her feeding tube, she's gonna die anyway. Cry

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Rupey
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Re: Supreme Court rejects Schiavo Appeal
« Reply #3 on: Mar 27^th, 2005, 8:20pm »

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Yes, at this point, reinserting the feeding tube would be cruel. Surely, her organs have begun the process of shutting down and have become irrevocably damaged.

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Bumper
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Re: Supreme Court rejects Schiavo Appeal
« Reply #4 on: Mar 27^th, 2005, 9:30pm »

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Sadly, there are no winners in this entire situation.

A woman will die, and families are divided and polarized.

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Rupey
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Re: Supreme Court rejects Schiavo Appeal
« Reply #5 on: Mar 27^th, 2005, 9:37pm »

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I'm afraid you're right, Bumper. This was just a sad situation all the way around.

I'm saddened, also, for the people inside the hospice whose own family members have had a hard time getting inside to see because of all the commotion going on just outside.

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Re: Supreme Court rejects Schiavo Appeal
« Reply #6 on: Mar 28^th, 2005, 7:12am »

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i was thinking about that too Rupey. They can't be too happy about all the attention this woman is getting, when their rels are in hospice too.

It is sad all the way around. There will be no happy ending, no matter what your personal opinion.

i think both parties could have handled this much better. Bumper's right, a woman will die and no one is going to be happy about that...

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Re: Supreme Court rejects Schiavo Appeal
« Reply #7 on: Mar 29^th, 2005, 1:02pm »

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the situation reminds me of a scene in the Great Divorce by CS Lewis.... where the mother kept on holding on to her son and how "she would go to God personally and snatch him back, and that SHE know's what's best for him"

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Re: Supreme Court rejects Schiavo Appeal
« Reply #8 on: Mar 29^th, 2005, 2:58pm »

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Don't know if anyone saw the press "statement" given by Jesse Jackson out on the sidewalk today . . . . . . . .

but to see those protesters parading back and forth, pushing and shoving to get their "TV Camera exposure" . . . . . . it was very sad to see what this entire situation has become.

What I found especially disgusting was the guy walking back and forth with the NIKE symbol and slogan "Just Do It!" on his sign.

And if that isn't bad enough, I read in the paper this morning that the parents of Schiavo have agreed to sell the list of contributor's names and addresses of the people who have pledged time, money, prayers, support, whatever , for the welfare of Linda Schiavo, . . . . . . . . . to some commercial group.

. . . . . this whole thing has digressed into a circus act. Sad

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Re: Supreme Court rejects Schiavo Appeal
« Reply #9 on: Mar 29^th, 2005, 7:06pm »

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on Mar 29^th, 2005, 2:58pm, Bumper wrote:

. . . . . this whole thing has digressed into a circus act. Sad

Sad, but true.

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