11th Rejects Appeal

[Annie]

http://story.news.yahoo.com/news?tm...p/20050330/ap_on_re_us/brain_damaged_woman_46

11th Circuit Court Rejects Schiavo Appeal

18 minutes ago Top Stories - AP


By RON WORD, Associated Press Writer

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 request 15 hours later.


Three times last week, the court also 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..."

 

[OCA]

http://story.news.yahoo.com/news?tm...p/20050330/ap_on_re_us/brain_damaged_woman_46

Told you people not to ever trust the fed judicial system. Nice game they played.

 

[Itsthetruth]

From the court ruling:

"A popular epithet directed by some members of society, including some members of Congress, toward the judiciary involves the denunciation of “activist judges.” Generally, the definition of an “activist judge” is one who decides the outcome of a controversy before him according to personal conviction, even one sincerely held, as opposed to the dictates of the law as constrained by legal precedent and, ultimately, our Constitution. 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. Since I have sworn, as have they, to uphold and defend that Covenant, I must respectfully concur in the denial of the request for rehearing en banc. I conclude that Pub. L.109-3 (“the Act”) is unconstitutional and, therefore, this court and the district court are without jurisdiction in this case under that special Act and should refuse to exercise any jurisdiction that we may otherwise have in this case."

You can download and read the entire decision (pdf format) at the following link:

http://www.ca11.uscourts.gov/opinions/todaysops.php

After you arrive at this court link go to this part of the webpage and click on "view".

Theresa Marie Schindler Schiavo v. Michael Schiavo 05-11628 05-00530 CV-T-27-TBM 03-30-2005 REH view

 

[manu1959]

http://story.news.yahoo.com/news?tm...p/20050330/ap_on_re_us/brain_damaged_woman_46

the parents have no standing in the eyes of the law ....

the spouse has the rights .....

 

[Mr. P]

From the court ruling:

"A popular epithet directed by some members of society, including some members of Congress, toward the judiciary involves the denunciation of “activist judges.” Generally, the definition of an “activist judge” is one who decides the outcome of a controversy before him according to personal conviction, even one sincerely held, as opposed to the dictates of the law as constrained by legal precedent and, ultimately, our Constitution. 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. Since I have sworn, as have they, to uphold and defend that Covenant, I must respectfully concur in the denial of the request for rehearing en banc. I conclude that Pub. L.109-3 (“the Act”) is unconstitutional and, therefore, this court and the district court are without jurisdiction in this case under that special Act and should refuse to exercise any jurisdiction that we may otherwise have in this case."

You can download and read the entire decision (pdf format) at the following link: http://www.ca11.uscourts.gov/opinions/ops/200511628reh2...

You supporters of what Congress did here should read and re-read this. The fallout will last for years!

 

[Itsthetruth]

the parents have no standing in the eyes of the law ....

the spouse has the rights .....

Well, of course. The spouse should always have rights over and above those of parents, be it the husband or wife.

Don't you support family values and the sanctity of marriage?

Parents shouldn't be allowed to interfere with the privacy and marital rights of a married couple.

 

[manu1959]

Well, of course. The spouse should always have rights over and above those of parents, be it the husband or wife.

Don't you support family values and the sanctity of marriage?

Parents shouldn't be allowed to interfere with the privacy and marital rights of a married couple.

isn't that what i just said?

 

[OCA]

You supporters of what Congress did here should read and re-read this. The fallout will last for years!

Lol Republicans are going to get hammered in '06.

 

[Annie]

isn't that what i just said?

Isn't this in one form or another what has been said time after time?

Oh I know, ITT has come to enlighten us. Gee thanks.

 

[Itsthetruth]

I'm sorry if I misunderstood you. I'm glad you support the right of the spouse to make the decision in such personal matters. Some here don't. They think parents should have veto power over the wife or husband.

 

[Mr. P]

Lol Republicans are going to get hammered in '06.

Without the LOL part I totally agree.
Maybe that's a good thing, I think
a good spring cleanin is way overdue!

 

[manu1959]

Without the LOL part I totally agree.
Maybe that's a good thing, I think
a good spring cleanin is way overdue!

no shit....the arrogance of some in this party sickens me....if ted kenneday and baraba boxer aren't the main topic everyday we obviuosly have too high a profile....under the radar....

 

[Avatar4321]

I dont think it would have mattered much anyway. She is probably too far along now. Her blood is on the hands of the judiciary. I never thought id see the day when the US Government told a family they weren't allowed to feed their daughter.