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tony54
PO2
Joined: 01 Sep 2004
Posts: 369
Location: cleveland, ohio
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 Posted: Tue Mar 22, 2005 11:45 am Post subject: Terri's death sentence by COURTS! |
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ASSOCIATED PRESS
http://www.lasvegassun.com/sunbin/stories/nat-gen/2005/mar/22/032209054.html
TAMPA, Fla. (AP) -
0321schiavo-am A federal judge on Tuesday refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from the brain-damaged woman's parents.
The ruling by U.S. District Judge James Whittemore comes after feverish action by President Bush and Congress on legislation allowing her contentious case to be reviewed by federal courts.
The judge said the 41-year-old woman's parents had not established a "substantial likelihood of success" at trial on the merits of their arguments. |
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Navy_Navy_Navy
Admin
Joined: 07 May 2004
Posts: 5777
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| Posted: Tue Mar 22, 2005 12:40 pm Post subject: |
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It didn't look like it was going to go our way after the hearing.
Very sad and frightening commentary on our society.
"As you do to the least of these, so do you to me."
This is where we are and it's shameful.
_________________
~ Echo Juliet ~
Altering course to starboard - On Fire, Keep Clear
Navy woman, Navy wife, Navy mother |
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Rdtf
CNO
Joined: 13 May 2004
Posts: 2209
Location: BUSHville
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| Posted: Tue Mar 22, 2005 12:59 pm Post subject: |
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| This is heartbreaking. One thing that can give us a little comfort is that someone on Fox yesterday said they will give her morphine and put her to sleep so that she doesn't suffer. The doctors can't allow her to suffer (their oath). |
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tony54
PO2
Joined: 01 Sep 2004
Posts: 369
Location: cleveland, ohio
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| Posted: Tue Mar 22, 2005 1:14 pm Post subject: |
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Another appeal is worthless!
The Supreme court already turned their back on her.
The only thing that can save her now is an "Executive Order" by the pro-life "Commander in Chief" - GW. |
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srmorton
PO2
Joined: 07 Aug 2004
Posts: 383
Location: Jacksonville, NC
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| Posted: Tue Mar 22, 2005 1:29 pm Post subject: |
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This is heartbreaking. The main reason to get Terri's case out of Judge
Greer's court was for an impartial judge to review the facts de novo.
This judge has taken the easy way out (for him) by stating that she has
had due process through the courts rather than actually examining what
has been going on in Judge Greer's courtroom. This judge did not really
have to order the feeding tube re-inserted. An IV could keep her
hydrated while her case is being appealed.
I hope those Republican senators that voted against the Florida law can
live with themselves once the WHOLE truth comes out as I am sure that
it will after Terri's death. They will realize that they have enabled Michael
Shiavo to LEGALLY murder his wife!
I think that the polls we have been seeing are the result of the
misinformation that the MSM has been repeating. If the majority of
Americans knew the actual facts of the case, they would not be condoning
what is going on. Once they know the whole truth, they will be horrified
at what is being done to this innocent woman. I can not believe that this
is happening in the United States of America. What was a healthly,
although disabled, 41 year old woman a few days ago is being allowed
to slowly die before our very eyes.
_________________
Susan R. Morton |
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RogerRabbit
Master Chief Petty Officer
Joined: 05 Sep 2004
Posts: 748
Location: Oregon
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| Posted: Tue Mar 22, 2005 1:55 pm Post subject: |
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U.S. District Judge James Whittemore - a Bill Clinton appointee
_________________
"Si vis pacem, para bellum" |
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shawa
CNO
Joined: 03 Sep 2004
Posts: 2004
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| Posted: Tue Mar 22, 2005 2:06 pm Post subject: |
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Story from ABCNews:
http://abcnews.go.com/Health/Schiavo/wireStory?id=602986
| Quote: | Judge Won't Order Feeding Tube Reinsertion
Federal Judge Denies Request to Have Terri Schiavo's
Feeding Tube Reinserted;Parents To Appeal
By VICKIE CHACHERE Associated Press Writer
The Associated Press
TAMPA, Fla. Mar 22, 2005 — A federal judge on Tuesday refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from the brain-damaged woman's parents.
U.S. District Judge James Whittemore said the 41-year-old woman's parents, Bob and Mary Schindler, had not established a "substantial likelihood of success" at trial on the merits of their arguments.
Whittemore wrote that Schiavo's "life and liberty interests" had been protected by Florida courts. Despite "these difficult and time strained circumstances," he wrote, "this court is constrained to apply the law to the issues before it."
Rex Sparklin, an attorney with the law firm representing Terri Schiavo's parents, said lawyers were immediately appealing to the 11th Circuit Court of Appeals in Atlanta to "save Terri's life." That court was already considering an appeal on whether Terri Schiavo's right to due process had been violated.
Howard Simon, executive director of the American Civil Liberties Union of Florida, praised the ruling: "What this judge did is protect the freedom of people to make their own end-of-life decisions without the intrusion of politicians."
Bobby Schindler, Terri Schiavo's brother, said his family was crushed. "To have to see my parents go through this is absolutely barbaric," he told ABC's "Good Morning America" on Tuesday. "I'd love for these judges to sit in a room and see this happening as well."
Whittemore's decision comes after feverish action by President Bush and Congress on legislation allowing the brain-damaged woman's contentious case to be reviewed by federal courts.
The tube was disconnected Friday on the orders of a state judge, prompting an extraordinary weekend effort by congressional Republicans to push through unprecedented emergency legislation Monday aimed at keeping her alive.
Gov. Jeb Bush was described by a spokeswoman as "extremely disappointed and saddened" over the judge's decision not to order the tube reconnected. "Gov. Bush will continue to do what he legally can within his powers to protect Terri Shiavo, a vulnerable person," said the spokeswoman, Alia Faraj.
Terri Schiavo did not have a living will. Her husband, Michael Schiavo, has fought in courts for years to have the tube removed because he said she would not want to be kept alive artificially and she has no hope for recovery. Her parents contend she responds to them and her condition could improve.
David Gibbs III, the parents' attorney, argued at a Monday hearing in front of Whittemore that forcing Terri Schiavo to starve would be "a mortal sin" under her Roman Catholic beliefs and urged quick action: "Terri may die as I speak."
But George Felos, an attorney for Michael Schiavo, argued that keeping the woman alive also violated her rights and noted that the case has been aired thoroughly in state courts.
"Yes, life is sacred," Felos said, contending that restarting artificial feedings would be against Schiavo's wishes. "So is liberty, particularly in this country."
Michael Schiavo said he was outraged that lawmakers and the president intervened in a private matter. "When Terri's wishes are carried out, it will be her wish. She will be at peace. She will be with the Lord," he said on CNN's "Larry King Live" late Monday.
Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly because of a possible potassium imbalance brought on by an eating disorder. She can breathe on her own, but has relied on the feeding tube to keep her alive.
Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery, while her parents insist she could recover with treatment. Doctors have said Schiavo could survive one to two weeks without the feeding tube.
According to a CNN-USA Today-Gallup poll of 909 adults taken over the weekend, nearly six in 10 people said they think the feeding tube should be removed and felt they would want to remove it for a child or spouse in the same condition.
On Tuesday, reaction to the judge's decision from the handful of protesters outside the woman's hospice came quickly. "It's terrible. They're going to talk and talk and she's going to die," said Miriam Zlotolow, 59, of Venice, Calif. |
_________________
“I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. ‘Tis the business of little minds to shrink; but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death.” (Thomas Paine, 1776) |
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LewWaters
Admin
Joined: 18 May 2004
Posts: 4042
Location: Washington State
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| Posted: Tue Mar 22, 2005 3:21 pm Post subject: |
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| Quote: | | The judge said the 41-year-old woman's parents had not established a "substantial likelihood of success" at trial on the merits of their arguments. |
Translation: Evidence be damned, we Judges stick together, we don't squeal on each other. 
Tragically, the hino (husband in name only) has ordered an immediate cremation upon her death. No one will be able to ever state factually if she even needed to die or how she got this way.
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Clark County Conservative |
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rparrott21
Master Chief Petty Officer
Joined: 19 Aug 2004
Posts: 760
Location: Mckinney, Texas
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| Posted: Tue Mar 22, 2005 4:35 pm Post subject: |
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| After Terri, what's next, people with Down syndrome.. |
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BuffaloJack
Master Chief Petty Officer of the Navy
Joined: 10 Aug 2004
Posts: 1637
Location: Buffalo, New York
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| Posted: Wed Mar 23, 2005 2:12 am Post subject: |
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| Quote: | | After Terri, what's next, people with Down syndrome.. |
Nah, not people with Down syndrome; as much as the liberals hate us, it'll be Swifties.
_________________
Swift Boats - Qui Nhon (12/69-4/70), Cat Lo (4/70-5/70), Vung Tau (5/70-12/71) |
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Rdtf
CNO
Joined: 13 May 2004
Posts: 2209
Location: BUSHville
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shawa
CNO
Joined: 03 Sep 2004
Posts: 2004
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| Posted: Wed Mar 23, 2005 3:21 am Post subject: |
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srmorton wrote
| Quote: | This is heartbreaking. The main reason to get Terri's case out of Judge
Greer's court was for an impartial judge to review the facts de novo.
This judge has taken the easy way out (for him) by stating that she has
had due process through the courts rather than actually examining what
has been going on in Judge Greer's courtroom. This judge did not really
have to order the feeding tube re-inserted. An IV could keep her
hydrated while her case is being appealed. |
From speech by Sen. Bill Frist on passage of the bill:
http://frist.senate.gov/index.cfm?FuseAction=Speeches.Detail&Speech_id=176
| Quote: | .......If a new suit goes forward, the federal judge must conduct what’s called “de novo” review of the case. De novo review means the judge must look at the case anew. The judge need not rely on or defer to the decisions of previous judges. The judge also may make new findings of fact. Practically, this means that in a new case, the judge can reevaluate and reassess Terri’s medical condition.
I would like to make a few other points about this bill. First, it is a unique bill passed under unique circumstances that should not serve as a precedent for future legislation. Second, this bill will not impede any state’s existing laws regarding assisted suicide. Finally, in this bill, Congress acknowledges that we should take a closer look at the legal rights of incapacitated individuals in the future.
While this bill will create a new federal cause of action, I still encourage the Florida legislature to act on Terri’s behalf. This new federal law will help Terri, but it should not be her only remaining option.
Remember Terri is alive.
She is not in a coma. Although there are a range of opinions, neurologists who have examined her insist today that she is not in a persistent vegetative state. She breathes on her own – like you and me. She is not
on a respirator. She is not on life support of any type. She does not have a terminal condition.
Moreover, she has a mom and father and siblings – her closest blood relatives – who love her, who say she is responsive to them, who want her to live, who will financially support her.
These are the facts.
We in the Senate recognize that it is extraordinary that we act. But these are extraordinary circumstances that center on the most fundamental of human values – the sanctity of human life....~snip~ |
Judge Whittemore did not have the cajones to order Terri's tube
inserted for fear he'd be overturned on appeal!!
He stated "the 41-year-old woman's parents had not established a "substantial likelihood of success at trial on the merits of their arguments."
Hopefully, the Appeals Court in Atlanta will do the right thing.
It is encouraging that the hearing is still going at this late hour in the evening.
PRAY FOR TERRI!!!!
_________________
“I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. ‘Tis the business of little minds to shrink; but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death.” (Thomas Paine, 1776) |
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shawa
CNO
Joined: 03 Sep 2004
Posts: 2004
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| Posted: Wed Mar 23, 2005 4:52 am Post subject: |
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Part of Judge Whittemore's Decision from JUSTICE FOR TERRI SHIAVO website
http://journals.aol.com/justice1949/JUSTICEFORTERRISCHIAVO/#Entry769
| Quote: | Excerpts from U.S. District Judge James Whittemore's decision Tuesday refusing to order the reinsertion of Terri Schiavo's feeding tube.
"In their motion, Plaintiffs seek an order directing Defendants to Schiavo and Hospice to transport Theresa Schiavo to Morton Plant Hospital for any necessary medical treatment to sustain her life and to re-establish her nutrition and hydration. ... Upon consideration, Plaintiffs' Motion for Temporary Restraining Order is denied."
"Whether the Plaintiffs may bring claims in federal court is not the issue confronting the court today, however. The issue confronting the court is whether temporary injunctive relief is warranted."
"A district court may grant a preliminary injunction only if the moving party shows that:
1) it has substantial likelihood of success on the merits;
2) irreparable injury will be suffered unless the injunction issues;
3) the threatened injury to the movant (person bringing the motion) outweighs whatever damage the proposed injunction may cause the opposing party; and
4) if issued, the injunction would not be adverse to the public interest."
"It is apparent that Theresa Schiavo will die unless temporary injunctive relief is granted. This circumstance satisfies the requirement of irreparable injury. Moreover, that threatened injury outweighs any harm the proposed injunction would cause."
"Notwithstanding these findings, it is essential that Plaintiffs establish a substantial likelihood of success on the merits, which the court finds they have not done."
"Plaintiffs offer no authority for their contention that Judge Greer (Florida Circuit Judge George Greer) compromised the fairness of the proceeding or immortality of the court by following Florida law and fulfilling his statutory responsibilities ... as presiding judge and decision maker."
"Plaintiffs conclusory allegation that Judge Greer denied Theresa Schiavo access to court by not requiring her presence is without merit."
"(T)his court concludes that Theresa Schiavo's life and liberty interests were adequately protected by the extensive process provided in the state courts."
"Plaintiffs bring Counts IV and V alleging that Theresa Schiavo's right to exercise her religion has been burdened by the state court's order to remove the feeding tube. ... That statute expressly requires, however, that "no government shall impose a substantial burden on the religious exercise of a person. ... Plaintiffs' claims fail because neither Defendant Schiavo nor Defendant Hospice are state actors."
"This court appreciates the gravity of the consequences of denying injunctive relief. Even under these difficult and time strained circumstances, however, and notwithstanding Congress' expressed interest in the welfare of Teresa Schiavo, this court is constrained to apply the law to the issues before it. As Plaintiffs have not established a substantial likelihood of success on the merits, Plaintiffs' Motion for Temporary Restraining Order must be DENIED."
http://www.miami.com/mld/miamiherald/news/state/11201477.htm |
"and notwithstanding Congress' expressed interest in the welfare of Teresa Schiavo"
Congress' expressed interest???? When that bill was signed by the President it became LAW!!!
Looks like he thumbed his nose at the Bill's requirement that "the federal
judge must conduct “de novo” review of the case".
_________________
“I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. ‘Tis the business of little minds to shrink; but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death.” (Thomas Paine, 1776) |
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LewWaters
Admin
Joined: 18 May 2004
Posts: 4042
Location: Washington State
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| Posted: Wed Mar 23, 2005 5:55 am Post subject: |
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| Quote: | | irreparable injury will be suffered unless the injunction issues |
I don't know what school this judge attended, but the ones I studied in taught me that death was a pretty certain irreparable injury.
If Terri dies I'm afraid so many in this country will just shrug their shoulders, roll over and go back to sleep, as they so often have. Not until the swastika wearing goons show up at their door will they realize why we all fight so hard over this.
_________________
Clark County Conservative |
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The Balloon Artist
PO3
Joined: 25 Aug 2004
Posts: 262
Location: Texas
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| Posted: Wed Mar 23, 2005 1:27 pm Post subject: |
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I don't know how many of these type cases I have been involved with as a professional. I assist people with Living Wills and Do Not Recesitate Orders.
The cases usually involve stroke that causes the patient to lose the ability to swallow.
This stoke is usually so severe that without the introduction of a feeding tube that death occurs within 4-7 days. In these cases the patient does not experience hunger as that portion of the brain has been affected as well. In their last days the patient is profided with hydration and medication to keep them comfortable. Death is not the result of starvation but the result of the stroke.
I have had other cases that feeding tubes were inserted and the patient maintained or went into a gradual decline lasting several years. In all cases when tube was removed or came out on its own, (it can happen). and the family elected not to reinsert. Death occured with 4-7 days. Did they strave to death? No the disease process was allowed to complete its course.
Now, from film and reports I've seen, Terri Shiavo is not in a vegatative state. She is respsonsive and alert. Does she have any real quality of life? Well that is a can of worms I am lothe to open. I don't like anyone determining "Quality of Life" for anyone else. Usually they base it upon earlier levels of functioning or material status. There is also the dynamic of the husband as he has been less than meritious in all of these procedings and his every decision is henceforth questioned and rightly so.
Her family, while as anyone would and should love Terri, however I must offer this as well. I don't believe that rehab is a realistic approach. She has had a profound brain injury and these are very difficult to rehab especially considering the years since the accident.
The harsh reality here is that without living wills the right to decide what happens to a person comes down to default. 1st order of authority, Parent over child, spouse over spouse, and adult child over parent. This acendency can go from grandchild over grandparent to any blood kin, i.e. nieces, nephews, and cousins. If he and Terri divorced the decision making would go to either adult children or her parents. Furthermore when I'm am dealing with adult children, I rely on the rule of readily available decison makers. There may be 8 children but 2 live away and are not involved. 2 others may live nearby and share the same sentiments. The 4 involved are the decison makers.
The harsher reality. Terri is being viewed in the eyes of the law as the property of her husband. He possesses the the sole right to decion making no matter how dispicable he may be.
_________________
What about John Kerry's four months in Vietnam qualify him to be president?
Al Gore was there for five. |
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