PDA

View Full Version : Now they consider an appeal

Padeye
03-30-2005, 05:23 AM
Fucking supreme court considers an appeal by the Schindlers. http://www.msnbc.msn.com/id/7293186/ Pretty fucking late in the game isn't it? If you made a decision today and put the feeding tube back in Terri has probably already had irreversable organ damage from dehydration and wouldn't last much longer anyway. It's like giving a condemned man a reprieve after he's gotten part of the dose of potassium chloride.
Jonathan Chance
03-30-2005, 07:06 AM
Um, that would actually be the 11th Circuit Court of Appeals and not the SC.

As I understand it this is an issue on a point of law and not procedural. So if they've got a new POV the court is within its jurisdiction to decide to hear it.

Note, however, that even though they agreed to a hearing there's no immediate (as of last night) order for the feeding tube to be reinserted. If this goes any significant length of time without that order this is going to be a moot point.
Cliffy
03-30-2005, 07:16 AM
These things don't just appear out of nowhere, Padeye. They're considering this appeal now because now is when the appeal was before them. Courts don't and basically can't act on their own in these types of matters; they need to wait until someone brings them an issue. Perhaps you're angry that they ruled differently twice last week. That makes no sense. Last week, different issues were before the court, and they ruled on those issues. Now a new issue is in front of the court and it may rule differently.

--Cliffy
NurseCarmen
03-30-2005, 08:39 AM
She hasn't peed in something like 5 days, a sign of kidney failure. Irreversible. Moot.
WhyNot
03-30-2005, 08:47 AM
She's had irreversible organ damage for years - to her brain. Let it go, already.
Fear Itself
03-30-2005, 09:21 AM
As has been pointed out in other TS threads, they have not agreed to hear the appeal. They have allowed the Schindlers to file an appeal. They will decided whether or not to consider it later.news story (http://story.news.yahoo.com/news?tmpl=story&cid=514&e=2&u=/ap/20050330/ap_on_re_us/brain_damaged_woman)

In its order late Tuesday, the 11th U.S. Circuit Court of Appeals didn't say when it would decide whether to grant the hearing. It was not clear what effect reconnecting Terri Schiavo's feeding tube would have on her, as she approached her 13th day without nourishment.

The order issued allowed Bob and Mary Schindler to file the appeal, even though the court had set a March 26 deadline for doing so.

Its one-sentence order said: "The Appellant's emergency motion for leave to file out of time is granted." Twice last week, the court ruled against the Schindlers.
Claude Remains
03-30-2005, 09:22 AM
Um, that would actually be the 11th Circuit Court of Appeals and not the SC.

As I understand it this is an issue on a point of law and not procedural. So if they've got a new POV the court is within its jurisdiction to decide to hear it.

Note, however, that even though they agreed to a hearing there's no immediate (as of last night) order for the feeding tube to be reinserted. If this goes any significant length of time without that order this is going to be a moot point.

As of the time stamp on my post right now , this is the cutting edge of the story here, stay tuned.
lieu
03-30-2005, 02:59 PM
About 15 minutes ago CNN was reporting that the motion was denied by the 11th CCA.
ElvisL1ves
03-30-2005, 03:07 PM
They apparently didn't have to consider an appeal submitted after the deadline of last Saturday at all. Maybe they just thought "Hey, we thought these jokers were out of bullshit arguments already. Wanna find out what they came up with this time, just for laughs?". Petition to waive deadline granted. Appeal read and laughed at. Dismissed.
Guinastasia
03-30-2005, 03:08 PM
From what I've read, reinserting the feeding tube now might actually cause her to die in a rather violent way-her body choking and gasping, rather than a relatively peaceful death from dehydration.

And no, she can't feel anything, but why would you put your family through that?

Didn't they say last week they were DONE with the appeals? Jesus.
Ponder Stibbons
03-30-2005, 03:31 PM
Latest on MSNBC: Appeals court declines new Schiavo review (http://msnbc.msn.com/id/7334555/)

PS - What's with the "Schindlers" thing in the OP? Obviously I've missed something there.
Guinastasia
03-30-2005, 03:36 PM
Latest on MSNBC: Appeals court declines new Schiavo review (http://msnbc.msn.com/id/7334555/)

PS - What's with the "Schindlers" thing in the OP? Obviously I've missed something there.

Um, Schindler was Terri's maiden name. You didn't think her parents' name was Schiavo, did you?
Ponder Stibbons
03-30-2005, 04:24 PM
Um, Schindler was Terri's maiden name. You didn't think her parents' name was Schiavo, did you?
No, I had somehow missed that little tidbit of information in the huge deluge of force-fed 24-hours-a-day-all-Terry-Schiavo-all-the-time news. Hence the question. Thank you.
bordelond
03-30-2005, 04:36 PM
From what I've read, reinserting the feeding tube now might actually cause her to die in a rather violent way-her body choking and gasping, rather than a relatively peaceful death from dehydration.
Feeding tube wouldn't be in her mouth, right? I thought there was a stoma in her belly where the tube was inserted.
Guinastasia
03-30-2005, 04:47 PM
Feeding tube wouldn't be in her mouth, right? I thought there was a stoma in her belly where the tube was inserted.

It is in her stomach. But it could still possibly cause some stress.
Lute Skywatcher
03-30-2005, 06:05 PM
Didn't they say last week they were DONE with the appeals? Jesus.According to CNN, Mr. Schindler says they're going to try the Supreme Court again.
Guinastasia
03-30-2005, 06:48 PM
According to CNN, Mr. Schindler says they're going to try the Supreme Court again.


This'll be the what, fourth time?
5 time champ
03-30-2005, 07:03 PM
"Any further action by our court or the district court would be improper," wrote Judge Stanley F. Birch Jr., one of the members of the Atlanta-based 11th U.S. Circuit Court of Appeals. "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."

The judge went on to deliver a scathing attack on politicians who got involved in the case, saying the White House and lawmakers "have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people our Constitution." IANAL, but it would appear that the Court briefly opened the door this morning in order to slam it shut [I would hope permanently] on the Schindlers, both of the Shrubs brothers, that goddamned, lying hypocrite Tom DeLay and all the other assorted "pro-life" politicans.
Larry Mudd
03-30-2005, 07:04 PM
This'll be the what, fourth time?Sixth.