ATLANTA (AP) -- A federal appeals court refused early Wednesday to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request by the severely brain-damaged woman's parents.So another appeal to the Supreme Court, which will doubtless prove worthless. I've lost all faith in the judicial system.
The three-judge panel ruled 2-1 to deny the request, a day after a federal judge in Florida also refused a similar appeal.
Schiavo's parents, Bob and Mary Schindler, vowed yet another appeal Wednesday.
"The Schindlers will be filing an appropriate appeal to save their daughter's life," said Rex Sparklin, an attorney with the law firm representing the parents.
WASHINGTON, March 22 /U.S. Newswire/ -- Nationally noted attorney, Andrew Schlafly, outlines judicial errors that require the 11th Circuit to overturn on appeal the decision in the case of Terri Schiavo.Do you really think they were mistakes? Or a faithless judge? I think it's a faithless judge. It's a real damn shame the case goes back to him even after he's reversed, after such a pathetic showing as this.
"Judge Whittemore applied the wrong standard and reached the wrong result," noted Schlafly. "Death row inmates typically receive many stays of execution by federal court, yet Terri Schiavo cannot even obtain one stay there. Her day in federal court is being denied."
A magna cum laude graduate from Harvard Law School, where he was an editor of the Harvard Law Review, Schlafly serves as General Counsel to the Association of American Physicians & Surgeons. Schlafly points out at least five errors by the Court:
The Court Below Applied the Incorrect Standard for Injunctive Relief in the Context of an Attempt to Stay the Withholding of Food and Water.
The court applied the legal standard for granting a RESTRAINING order, rather than a STAY of the order denying food and water while the federal court conducts a trial de novo. Such stays are routinely granted for convicted felons when reviewing capital cases.
It is neither necessary nor precedented for plaintiffs to be compelled to prove likelihood of prevailing on the merits in order for them to obtain a stay for their trial. For example, Terri Schiavo herself is the central evidence for the trial. Is there any doubt that the court should issue an order preserving the evidence for the benefit of the trial? Plaintiffs need to have medical experts examine Ms. Schiavo to prove their case, yet the court unjustifiably frustrated plaintiffs' right to do so. This directly contravened the letter and spirit of the Terri Schiavo Act.
Congress could not possibly have intended that its emergency preservation of rights for Ms. Schiavo be mooted by her death, thereby denying the rights established by the statute.
It was a Violation of Due Process to Disregard Medical Evidence in Declaring Terri Schiavo to be in the Persistent Vegetative State Required by Florida Statute before Withholding Food and Water.
Michael Schiavo was incorrectly given authority to remove Terri's feeding tube with a blatant disregard for medical evidence.
In the absence of a living will, Florida state law mandates that the decision to withhold or withdraw life-prolonging procedures from a patient may be made by a health care surrogate only under certain conditions, one of which is that the patient is in a persistent vegetative state. Yet the court refused to consider evidence that refutes the diagnosis of a persistent vegetative state.
The Order to Withhold Food and Water Improperly Substituted the Views of the Court for the Presumptive Religious Views of the Patient.
Terri Schiavo, a Roman Catholic, almost certainly would have followed the religious position of her church, which has denounced this starvation. Yet the legal proceedings have ignored her church's clear condemnation of this method of death. The courts have substituted their own views of an appropriate death for that of the patient.
Last Saturday, Pope John Paul II declared that the removal of feeding tubes from patients in vegetative states is immoral, calling it "euthanasia by omission." He confirmed that no matter how sick someone is, "he is and will always be a man, never becoming a 'vegetable' or 'animal."'
Surely this moral position would have influenced or reflected Terri Schiavo's own views. Yet the courts have ignored Terri's religion in pretending to ascertain her wishes.
The Court Violated the Congressional Requirement of the trial de novo in the "Terri Schiavo Act"
The March 21st hearing was merely a cursory afternoon hearing with no witnesses and did not comply with the trial de novo requirement of the Act.
The Court Below Erred in Finding a Lack of "State Action" in the Court-Ordered Withholding of Food and Water from Terri Schiavo.
The court below mistakenly omitted Judge George W. Greer in its finding of no state action by defendants. Plaintiffs named Judge Greer as a defendant and he plainly acted under color of state law. His orders in affirmatively preventing the provision of food and water to the starving Terri Schiavo undeniably constitute "state action" that implicates constitutional rights. Nothing about this case is private, as neither Michael Schiavo nor the Hospices of the Florida Suncoast have acted in a private manner in withholding food and water. Both, to the contrary, have sought for the state to authorize and mandate such deprivation from Terri Schiavo.
Warning that Terri Schiavo was "fading quickly" and might die at any moment, her parents begged a federal appeals court Tuesday to order the severely brain-damaged woman's feeding tube reinserted.I hope the appeals court has a heart, unlike Judge Whittemore, that goddamned toad.
The appeals court didn't indicate when it might rule, but George Felos, the attorney for Terri's husband, Michael Schiavo, told the Associated Press that he expected a decision before daybreak Wednesday.
Syria and Hizbullah are planning a terror attack against Israel, Jordan's King Abdullah said in a meeting with Jewish leaders in Washington Tuesday.
Abdullah said the terror plots aims to elicit an Israeli response in a bid to distract attention from Damascus' problems in Lebanon.
The king said he already warned Prime Minister Ariel Sharon about the plan and informed him of Hizbullah complicity in the next terror attack, should it occur.
Eleanor Smith of Decatur, Georgia, sat on Tuesday in a motorized wheelchair in front of the hospice, baking in the sun, with a sign on her lap reading, "This agnostic liberal says 'Feed Terri."'
Her background was a far cry from the evangelical right wing more generally seen as the lobbying force behind the U.S. Congress' scramble over the weekend to draw up a special law to try to prolong Schiavo's life, and President Bush's decision to cut short a Texas vacation to sign it.
Smith, 65, had polio as a child and described herself as a lesbian and a liberal who had demonstrated before in support of the disabled and causes supported by the conservative establishment's archfoe, the American Civil Liberties Union.
"What drew me here is the horror of the idea of starving someone to death who's vulnerable and who has not asked that to happen," Smith said.
She said she thought that people who left written instructions to withhold medical treatment should have those wishes honored but that withholding water and nutrition from Terri Schiavo, who left no such written instructions, was tantamount to murder.
"At this point I would rather have a right-wing Christian decide my fate than an ACLU member," Smith said.
This month, Jews from across Iran will pray at a shrine in Hamadan, in northwestern Iran, dedicated to the heroes of the Purim story. They will likely be met upon arrival by Muslims and Christians, who pray year-round at the unusual shrine. The building follows the architecture of emamzadeh ("Islamic shrine"), but has walls adorned with Hebrew inscriptions describing Esther and Mordechai's origins. In fact, it might come as a surprise to learn that the story of Purim has resonance for all Iranians.
Not only was Esther a Jewish queen, but, as the wife of King Ahasuerus (Xerxes I), she also continues to be revered as a Persian queen and, thus, an icon of national Iranian history.
Though her original name, Hadassah, means "hidden" in Hebrew, she is known as Esther. Scholar and writer Haideh Sahim explains that "Esther" is derived from the Persian word astaar, meaning "star." It is believed that Esther and Mordecai were buried in the shrine at Hamadan, originally called Hegmataneh, in the fifth century B.C.E
For generations, the Jews of Hamadan safeguarded the tomb and the customs of the holiday of Purim. Touba Somekh, a woman who was instrumental in bringing about the restoration of the site in the 1920s, explained in an interview in 1998, four years before her death, how the Jews were able to continue maintenance of the tombs.
These days, the shrine - and the holiday in general - is of particular importance to women. Women of all religious backgrounds visit the site to pray for children, bringing colorful curtains and cloths to place on the tombs and to donate to an adjacent prayer room. It is believed that a cloth coming into contact with the shrine will be blessed. A person in monetary or spiritual need would then take some raw cloth and make from it articles of clothing.
Of the Jews left in Iran, only four or five families live in Hamadan, leaving some with fears about the future of the shrine. According to Houman Sarshar, editor of "Esther's Children: A Portrait of Iranian Jews," "To my knowledge, the issue was never one of custody. The caretaker now is not Jewish. The synagogue attached to the sight is the only functioning one in Hamadan."
Some believe it is the spirit of Esther and Mordechai that will live on and protect the Jews of Iran, extending a legacy of 2,500 years. Others, including Sahim, wonder, "Who will take care of our Esther?"
According to The Empire Journal, Terri qualifies for the Witness Protection program.Two phone calls. Make them.
It is possible she may be placed in this program under the Witness Security Program Act of 1984. Read the Empire Journal's story for more details.
UPDATE: AG phone number is 202-353-1555.
UPDATE: A reader suggested contacting the Florida branch of the FBI. Could some of you Florida readers get on this? The phone number is 904-721-1211.
WASHINGTON, March 22 /U.S. Newswire/ -- The 11th Hour Coalition to Save Terri Schiavo's Life will hold simultaneous press conferences tomorrow -- Wednesday, March 23 -- at 12 noon in Washington, D.C., and Tallahassee, Fla.
This ad hoc partnership of religious and political organizations -- which will gather in front of the White House and the Florida governor's mansion -- will call on President George W. Bush and Gov. Jeb Bush to use their executive powers to protect Terri Schiavo from starvation.
"There are two people in the United States who can save Terri Schiavo's life right now. The president of the United States and the governor of Florida have the authority to use the police services at their disposal to take Terri into protective custody, restore her food and hydration, and arrest anyone who would interfere," said Dr. Paul Schenck, executive director of the National Pro-Life Action Center on Capitol Hill. "For the sake of Terri's life, we cannot afford to wait while the courts dither over jurisdiction." Details of D.C. Press Conference
WHAT: 11th Hour Coalition to Save Terri Schiavo's Life Press Conference
-- Dr. Paul Schenck, National Pro-Life Action Center on Capitol Hill
-- Stephen G. Peroutka, Esq., Face the Truth TV & Radio
-- Fr. Thomas Euteneuer, Human Life International
-- Michael A. Peroutka, Esq., Institute on the Constitution
-- Rev. Greg Cox, Faith and Action
-- Fr. Frank Pavone, Priests for Life
-- Rev. Stephen Cox, Gospel of Life Ministries
-- Rev. John Vandenberge, National Clergy Council
WHERE: Near the White House; North side of Pennsylvania Avenue; Opposite the White House gates.
WHEN: 12:00 p.m. E.T.
On the Glenn Beck Show, Bobby Schindler gave a LIVE INTERVIEW. Many of the points he brought up have already been covered here on Striaght Up with Sherri, but he did share one bit of information that I had, but not yet verified, plus BRAND NEW information that I have NEVER HEARD BEFORE! Glenn has announced that he will make the interview available FOR FREE on his site some time today.(If you are not an Insider of the Glenn Beck show already- I STRONGLY RECOMMEND BECOMING ONE!)2:16 PM
Bobby Schindler announced on Glenn Beck that his family has just RECENTLY learned that Michael Schiavo was shopping for a BURIAL PLOT for Terri back in 1993!
The other piece of information that I had privy to earlier, but not yet verified is COMPELLING!
The Schindlers learned of Michael's ENGAGEMENT to Jodi Centonze via a clipping of an obituary. Michael Schiavo's mother passed away, and in her obituary in a small paper in Pennsylvania, her survivors were listed. In the listing was named Michael and his FIANCE JODI CENTONZE. NO MENTION OF TERRI! THIS WAS IN 1997. Michael regained his MIRACULOUS MEMORY of Terri WANTING TO DIE in that SAME YEAR!
Things that make you say AAAAAAAAAAARG! WILL SOMEONE IN POWER PLEASE WAKE UP!!!!
NO WONDER MICHAEL GOT HIMSELF A LAWYER WITHIN 48 HOURS!
According to sources, the original police report initially suspected attempted homicide, but it was NEVER followed up on.........
This news is breaking......... PLEASE STAND BY FOR MORE CONFIRMATION.
I can say that when listening to Glenn Beck this morning, Bobby Schindler DID make a reference to this........
President George W. Bush's intervention for Terri Schiavo has opened old wounds in Texas where death penalty opponents say his words of support for a "culture of life" ring hollow after so many executions during his time as governor of the state.For a person to end up in death row he/she has already gone through due process, something not afforded to Terri Schiavo. Furthermore, what people choose to do with their lives is what makes their lives important. So yeah, I don't consider a serial killer's life as important as Terri's, so bite me.
Bush said he stepped into the Schiavo case because the United States should have "a presumption in favour of life," but there were 152 executions in Texas during his administration, including some in which the convict's guilt was in doubt, critics said.
"It's hypocrisy at a thousand levels," said University of Houston law professor and death penalty defence attorney David Dow.
"I saw many, many cases where there was substantial doubt about whether someone was guilty or whether the death penalty was the appropriate sentence, but he never said anything," said David Atwood, head of the Texas Coalition Against the Death Penalty. "I really can't say he cares about life."
"We all recognize there is a difference between an innocent person and someone who has committed a heinous crime, but to say one life is important and one isn't, that's politics," Atwood said.
First, I contest the theory that Terri's brain actively continues to degenerate as implied by the above statement. How could they gage serial brain degeneration without serial follow-up? And by what mechanism would her brain CONTINUE to atrophy? Second, Terri's cerebral cortex has not been replaced by fluid. That is inaccurate. The cortex is thinned and the sulci are enlarged. There is a difference.
Third, and most importantly, given the amount of atrophy on this image I disagree with the court's inadequately considered conclusion.
Please Call Nancy Argenziano Now!
Email message from reader:
I just got a personal response from Senator Nancy Argenziano! She asked where I got the info about Terri being able to sip some water. I directed her to the nurse's affidavit at terrisfight.org.
You might want to follow up with her.
Re: Nancy Argenziano, 850-487-5017
Urgent - Since Nancy's phones are very busy, will everyone please keep trying to get her and let her know that Terri can take-in water and has actually taken water, jello, and pudding. Please direct her to HERE on BLOGSFORTERRI since it's easy to find that specific post here.
Please advise her that she can get more information at BlogsForTerri.com if she would please just check it out herself instead of listening to the media. We need Nancy's help.