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Reinsertion of Schiavo Feeding Tube Denied
TweetReinsertion of Schiavo Feeding Tube Denied
7
PINELLAS PARK, Fla. - After losing two consecutive appeals in federal court, Terri Schiavo's parents vowed Wednesday to take their fight to the U.S. Supreme Court (news - web sites) as their severely brain-damaged daughter began her fifth full day without the feeding tube that has kept her alive for more than a decade.
In a 2-1 ruling early Wednesday, a panel of the 11th Circuit Court of Appeals in Atlanta said the parents "failed to demonstrate a substantial case on the merits of any of their claims" that Terri's feeding tube should be reinserted immediately.
"There is no denying the absolute tragedy that has befallen Mrs. Schiavo," the ruling said. "We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law."
In his dissent, Judge Charles R. Wilson said Schiavo's "imminent" death would end the case before it could be fully considered. "In fact, I fail to see any harm in reinserting the feeding tube," he wrote.
Wednesday's ruling was the latest legal blow for Schiavo's parents, Bob and Mary Schindler, as their 41-year-old daughter's life hangs in balance. Doctors have said that Schiavo could survive one to two weeks without water and nutrients.
On Tuesday, a federal judge in Tampa also rejected the parents' emergency request.
Rex Sparklin, an attorney with the law firm representing the parents, said Wednesday that the couple will appeal to the Supreme Court. "The Schindlers will be filing an appropriate appeal to save their daughter's life," he said.
Howard Simon of the American Civil Liberties Union (news - web sites) of Florida praised Wednesday's ruling.
"It's naive to ever say this may be over, but the U.S. Supreme Court has declined to get into this case (before) and it may be the ruling that came out this morning that may finally be the end of this case," Simon said.
The Schindlers have been locked for years in a battle with Schiavo's husband over whether her feeding tube should be disconnected. State courts have sided with Michael Schiavo, who insists his wife told him she would never want to be kept alive artificially.
Even before the parents' appeal was filed with the 11th Circuit, Michael Schiavo urged the court not to grant an emergency request to restore nutrition.
"That would be a horrific intrusion upon Mrs. Schiavo's personal liberty," said the filing by his attorney, George Felos. He filed a response to the Schindlers' appeal and said he would go to the Supreme Court if the tube were ordered reconnected.
Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly from a chemical imbalance believed to have been brought on by an eating disorder. Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery.
Her parents argue that she could get better and that she would never have wanted to be cut off from food and water.
An emergency filing to the high court would go first to Justice Anthony Kennedy (news - web sites), a Reagan appointee who has staked a moderate position on social issues.
Kennedy would have the option to act on the petition alone, although on previous emergency requests involving Schiavo he has referred the matter to the full nine-member court.
The Supreme Court's history on right-to-die cases is pretty thin.
It ruled in 1990 that a terminally ill person has a right to refuse life-sustaining treatment. And next term it plans to consider whether the federal government can prosecute doctors who help ill patients die.
Between those cases, the court has not said much, choosing to allow states to decide the issue.
Mary Schindler has pleaded with state lawmakers to save her daughter's life.
"Please, senators, for the love of God, I'm begging you, don't let my daughter die of thirst," she said Tuesday outside her daughter's hospice, before she broke down and was escorted away.
Florida lawmakers previously have failed to pass legislation that could have prevented the removal of the tube. They may consider another bill Wednesday, but state Sen. Daniel Webster said he has yet to persuade any lawmakers to change their votes.
In court documents, the Schindlers said their daughter began "a significant decline" late Monday. Her eyes were sunken and dark, and her lips and face were dry.
"While she still made eye contact with me when I spoke to her, she was becoming increasingly lethargic," Bob Schindler said in the papers. "Terri no longer attempted to verbalize back to me when I spoke to her."
Demonstrators who gathered outside Terri Schiavo's hospice here decried the courts' decisions. One woman was arrested Tuesday for trespassing after trying to bring Schiavo a cup of water.
"This is a clear cut case of judicial tyranny. All the judges who have ruled against Terri are tyrants, and we fully expected this decision," said Tammy Melton, 37, a high school teacher from Monterey, Tenn.
But Richard Avant, who lives down the street from the hospice, carried a sign reading "Honor her wishes."
"We represent the silent majority, if you look at the polls," Avant said. "We agree that Congress overstepped their bounds."
Over the weekend, Republicans in Congress pushed through unprecedented emergency legislation aimed at prolonging Schiavo's life by allowing the case to be reviewed by federal courts.
On Tuesday, U.S. District Judge James Whittemore of Tampa rejected the parents' request to have the tube reinserted, saying they had not established a "substantial likelihood of success" at a trial on their claim that Schiavo's religious and due process rights have been violated.
The Bush administration "would have preferred a different ruling" from Whittemore, White House press secretary Scott McClellan said. "We hope that they would be able to have relief through the appeals process."
The Justice Department (news - web sites) also filed a court statement, saying an injunction was "plainly warranted" to carry out the wishes of Congress to provide federal court jurisdiction over the case.
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Re: Reinsertion of Schiavo Feeding Tube Denied
TweetI don't think it is right that this woman has to starve to death. If her parents are willing to incur the charges of her medical expenses - then let her live. If they decide to "let her go" then give her something to put her to sleep permanently and painlessly.
Elite Senior Resident
Re: Reinsertion of Schiavo Feeding Tube Denied
TweetThis is absolutely painless from what ive heard, and they are giving her medications for any discomforts. She will slowly drift into coma, like going to sleep and then her heart will just cease. Sounds like the best way to go to me. I believe it is her husbands right if it were discussed before this all happened. It is not something that the government should intervene to stop, as it is none of their business. They and the Pres have already overstepped themselves, and for what?, political gain? This type of thing happens every day, all over the world. What makes this case any different? These parents, even though im sure their intensions are good, are clinging to the fact that their daughter will recover or is somehow responding, which is not the case. All her reflexes are involuntary and have nothing to do with her responding to their stimulus. It is hard to face the facts, but you must let go at some point. What quality of life has she had for the last 15 yrs? Think of it this way, they are not taking her life, they are just letting her live naturally for her remaining time. Isn't that what most of us would want if we were her?
FG Resident
Re: Reinsertion of Schiavo Feeding Tube Denied
TweetMick, The difference is that this is not a clear-cut case. I am uncomfortable with the way Congress has intervened, but I am more uncomfortable with the unanswered and neglected questions of her circumstances. I am also aware that many oppose intervention because they feel it will hurt their fight for a pro-choice America.
Think about this:
Medical professionals disagree as to whether she is in a vegetative state.
She was making progress until the husband stopped her therapy.
It was years after her heart attack before Michael ever mentioned her “wish” to die.
When the paramedics arrived on the scene when she first had her heart attack they called the police and reported a homicide. Her heart attack has always been suspicious. Bone Scans showed stress fractures.
The judge that ordered the feeding tube removed refused to go to the hospital to see her first hand. Since then many judges have spoken out against this refusal.
This is not a simple case, but the more I hear the more I think Michael is scared that she will recover and point the finger at him. Also, what child would want their parents put through what Michael is doing.
R.I.P. GearedUp
Lord, make me strong, and let the weak find comfort in my strength.
FG Resident
Re: Reinsertion of Schiavo Feeding Tube Denied
TweetI agree with you. Silly stuff. "We can't kill her but we can let her starve."Originally Posted by SUGARBABY
It is the same with the fact that you can kill a child before it is born, but not after. I say that if a new mother kills her newborn or leaves it in a dumpster that she should walk the streets with the others who did the same only they did it pre-birth.
R.I.P. GearedUp
Lord, make me strong, and let the weak find comfort in my strength.
Elite Senior Resident
Re: Reinsertion of Schiavo Feeding Tube Denied
TweetWhat? I think, or I hope, I'm miss reading your post. You wrote "I say that if a new mother kills her newborn or leaves it in a dumpster that she should walk the streets with the others who did the same only they did it pre-birth."
Are you really saying that mothers who kill their newborns should be free to walk the streets?
I used to have superhuman powers....until my therapist took them away.
FG Resident
Re: Reinsertion of Schiavo Feeding Tube Denied
TweetI am saying that if late term abortions are justifiable, then early birth termination should be also. We are a nation that strives for equality. We don't want to be hypocritical do we?
Our justice system in Florida does not allow for euthanasia, but we can starve the lady, is that not hypocritical.
R.I.P. GearedUp
Lord, make me strong, and let the weak find comfort in my strength.
Elite FG Resident
Re: Reinsertion of Schiavo Feeding Tube Denied
Tweetthis one is tricky - I don't know how I feel about it. One one hand, she a veg. Realistically she will continue to be a veg. I am all for letting people die if they choose - or if they have expressed that desire to a spouse . . . but removing the feeding tube seems a little different to me than "pulling the plug" on a ventilator. Somehow it doesn't seem right to starve her to death - even if it is painless. It is a willful act, rather than a passive resolution. I have a hard time feeling good or right about that . . .
Re: Reinsertion of Schiavo Feeding Tube Denied
TweetRegardless of anyones personal beliefs on this matter, I would think that everyone here would be a bit nervous about the governments blatant intrusion into a personal matter. This sets a very dangerous precedent. This is America damn it.
Elite Senior Resident
Re: Reinsertion of Schiavo Feeding Tube Denied
TweetNot like me, but Im doing a complete turnaround here. Last night i basically heard on CNN that this "Michael" her husband has been using her money allotment for hospice care when he could have been using it for rehabilitation. So for the last five years or more shes bacically been being treated just to exist. I also heard about the reported homicide by paramedics etc. It is a shame, but now i think that her husband is behind this. I don't think he ever wanted her to get better, if so he would have been by her side. I also saw footage of Terri and every time her mother and father try to make her comfortable and try to stimulate her she is smiling and seems to perk up, but they showed one last night of ther huband in the room and as soon as he comes near her she seems to wince and turns her head away from him? Seems very odd to me. Also like SE said, why did he not bring up her saying about the not wanting to be on life support earlier on. Also, i heard Michael say two days ago on Larry King that basically they were watching tv and she said "I don't want that". This is all. They never really discussed it, and i seriously have doubts whether it even happened. Anyone can say something in passing, hell my wife has said "Oh, i don't like that", but does she really mean?? Hell no! She is a right to life advocate!, and would only want life support taken away if it were definately the end for her and no hope absolutely. I really think there is something else going on here. Maybe he was one of these controling husbands that forced his wife to diet, cause she was alittle overweight and therefore brought on this bulimia? There is just something about him that is wrong. I hope someone can interveine now and reinsert the feeding tube and maybe she can get the treatment she deserves. It is a damn shame, but i don't think there will be intervention before she expires, and all because of her husband.
FG Resident
Re: Reinsertion of Schiavo Feeding Tube Denied
TweetWell said Mick, I believe there are times to pull the plug, i just believe in this case Michael is getting away with murder
R.I.P. GearedUp
Lord, make me strong, and let the weak find comfort in my strength.
Elite Senior Resident
Re: Reinsertion of Schiavo Feeding Tube Denied
TweetOk, I get you now.
I used to have superhuman powers....until my therapist took them away.
Elite Senior Resident
Re: Reinsertion of Schiavo Feeding Tube Denied
TweetYes, I agree with you. The husband is very fishy. But then again, most people get fishy when there's lots of money involved.
I used to have superhuman powers....until my therapist took them away.
Re: Reinsertion of Schiavo Feeding Tube Denied
TweetYou people have to read up on the case. First all Michaels money, a million went to lawyers, he has nothing left. Second he has turned down 2 offers totalling 11 million dollars to walk away. This man is respecting his wife's wishes to die. Who here honestly has not said to there spouse, if I ever get like that, pull the plug. Nobody would want to "live" in that condition
Elite Senior Resident
Re: Reinsertion of Schiavo Feeding Tube Denied
TweetI know what your saying bro, but you should have seen the footage yesterday on CNN, when Michael enters the room. I also heard that he did get money for her, maybe i miss heard? Also, i hate to say it, but he stands to gain even more $$ if he does what he is doing. Just think of the movie deals and talk shows that will be calling on him later after she expires. I just have this gut feeling that he is not all what he is portraying.
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