Terry Schiavo's Fate Awaits Judge's Ruling |
| Posted by: Marc Flemming | |
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Source: AP
PINELLAS PARK, Fla. (AP) - The parents of Terri Schiavo asked a judge to reinsert the brain-damaged woman's feeding tube Monday, following an extraordinary political fight that consumed both chambers of Congress and prompted the president to rush back to the White House.
An attorney for Schiavo's parents, Bob and Mary Schindler, arrived at federal district court in Tampa and filed a request for an emergency injunction to keep their daughter fed.
It was assigned to U.S. District Judge James Whittemore, who was nominated to the court in 1999 by President Clinton. He set a hearing for Monday afternoon, according to a court Web site.
David Gibbs II, attorney for the parents, said the judge had sent a message saying he was reviewing the filings in the case.
During the hours leading up to the hearing, a few demonstrators appeared outside the federal courthouse, saying they were praying for Whittemore. Only a few people stayed outside the hospice where Terri Schiavo has been a resident, while others said they planned to return during the afternoon.
Earlier Monday, the House, following a move by the Senate, passed a bill to let the parents ask a federal judge to prolong Schiavo's life by reinserting her feeding tube. President Bush signed the measure less than an hour later.
Schiavo's husband, Michael Schiavo, said he was outraged that lawmakers and the president were intervening in the contentious right-to-die battle. He has fought for years with his wife's parents over whether she should be permitted to die or kept alive through the feeding tube.
"This is a sad day for Terri. But I'll tell you what: It's also is a sad day for everyone in this country because the United States government is going to come in and trample all over your personal, family matters," he told ABC's "Good Morning America" on Monday.
Michael Schiavo has not responded to repeated interview requests from The Associated Press.
The lawsuit alleges a series of rights violations, including that Terri Schiavo's religious beliefs were being infringed upon, that the removal of the feeding tube violated her rights and that she was not provided an independent attorney to represent her interests.
Outside the hospice where his daughter entered her fourth day without food or water, Bob Schindler told reporters "I'm numb, I'm just totally numb. This whole thing, it's hard to believe it."
A shout of joy was heard from the crowd outside the hospice when news of the House bill's passage came. Among those cheering was David Bayly, 45, of Toledo, Ohio: "I'm overjoyed to see the vote and see Terri's life extended by whatever amount God gives her."
When dawn broke Monday, fewer than a dozen demonstrators remained at the hospice, but the area bustled with television lights, cameras and reporters covering the saga.
The 41-year-old woman's feeding tube was removed Friday on a Florida judge's order. Schiavo could linger for one or two weeks if the tube is not reinserted - as has happened twice before, once on a judge's order and once after Gov. Jeb Bush signed "Terri's Law," which was later declared unconstitutional.
George Felos, a lawyer for Michael Schiavo, did not return repeated phone messages seeking comment Monday. The voicemail box of George Greer, the Florida circuit judge who presides over the case, was full and didn't accept messages.
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. Her husband says she would not want to be kept alive in that condition, but her parents insist she could recover with treatment.
Bob Schindler visited his daughter late Sunday and said he noticed the effects of dehydration on her. He said she appeared to be getting tired, but eventually responded to his teasing by making a face at him.
"It tells us she's still with us," he said.
Brian Schiavo, Michael's brother, said he spent Sunday afternoon with his brother and Terri at the hospice, but Terri did not move or make any noises. "Anybody that thinks that she talks and responds, they need to have a mental health examination," he said.
The bill passed in Congress applies only to Schiavo and would allow a federal court to review the case. The House passed the bill on a 203-58 vote after calling lawmakers back for an emergency Sunday session. The Senate approved the bill Sunday by voice vote. President Bush cut short a visit to his Texas ranch to return to the White House.
"In cases like this one, where there are serious questions and substantial doubts, our society, our laws and our courts should have a presumption in favor of life," President Bush said in a statement after signing the bill.
A crowd of about 50 people prayed and sang outside the hospice on Sunday. One man played "Amazing Grace" on a trumpet, as a pickup truck pulled a trailer bearing 10-foot-high replicas of the stone Ten Commandments tablets and a huge working version of the Liberty Bell.
Gov. Bush, praised the actions of Congress. "We in government have a duty to protect the weak, disabled and vulnerable," he said in a statement Monday. "I appreciate the efforts of state and federal lawmakers on both sides of the aisle who have taken this duty to heart."
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| Posted by: mystic | | Judge Won't Issue Decision on Schiavo Yet
25 minutes ago Top Stories - AP
By VICKIE CHACHERE, Associated Press Writer
TAMPA, Fla. - Armed with a new law rushed through Congress over the weekend, the attorney for Terri Schiavo's parents pleaded with a judge Monday to order the brain-damaged woman's feeding tube re-inserted. But the judge appeared cool to the argument.
U.S. District Judge James Whittemore did not immediately make a ruling after the two-hour hearing, and he gave no indication on when he might act on the request.
The hearing came three days after the feeding tube was removed. Doctors have said Schiavo, 41, could survive one to two weeks without the tube.
The courtroom showdown, the latest in what has become a legal cliffhanger captivating the nation, followed an extraordinary political fight over the weekend that consumed both chambers of Congress and prompted the president to rush back to the White House.
Congress passed a law that allowed Schiavo's parents to argue their case before a federal court, bringing the legal battle to Whittemore's Tampa courtroom.
"We are rushed and we are somewhat desperate," the parents' attorney, David Gibbs III, told the judge. "Terri may die as I speak." The attorney said that forcing Schiavo to die by starvation and dehydration would be "a mortal sin" under her Roman Catholic beliefs.
"It is a complete violation to her rights and to her religious liberty, to force her in a position of refusing nutrition," Gibbs said.
But the judge told Gibbs that he was not completely sold on the argument. "I think you'd be hard-pressed to convince me that you have a substantial likelihood" of the parents' lawsuit succeeding, said Whittemore, nominated by former President Clinton (news - web sites) in 1999.
George Felos, representing husband Michael Schiavo, told Whittemore that the case has been aired thoroughly in state courts and that forcing the 41-year-old severely brain damaged woman to endure another reinsertion of the tube would violate her civil rights.
"Every possible issue has been raised and re-raised, litigated and re-litigated," Felos said. "It's the elongation of these proceedings that have violated Mrs. Schiavo's due process rights."
Felos praised Whittemore's careful deliberation as political pressure mounts for the tube to be reinserted.
"Yes, life is sacred," Felos said as he argued that restarting artificial feedings would be a violation of Schiavo's rights. "So is liberty, particularly in this country."
Terri Schiavo's father, Bob Schindler, who had been upbeat about the prospects of his daughter remaining alive, grimly left the courthouse as family friends crowded near him for support.
Terri Schiavo's feeding tube was removed at 1:45 p.m. Friday, the third such time it has been disconnected. On both previous occasions, the tube was re-inserted by court order.
Michael Schiavo contends he is carrying out his wife's wishes not to be kept alive artificially. He said he was outraged that lawmakers and the president were intervening in the bitter right-to-die battle. He has fought for years with his wife's parents over whether she should be permitted to die or kept alive through the feeding tube.
"This is a sad day for Terri. But I'll tell you what: It's also is a sad day for everyone in this country because the United States government is going to come in and trample all over your personal, family matters," he told ABC's "Good Morning America" on Monday.
The family's lawsuit alleges a series of rights violations, including that Terri Schiavo's religious beliefs were being infringed upon, that the removal of the feeding tube violated her rights and that she was not provided an independent attorney to represent her interests.
President Bush applauded the dramatic legislative maneuver by Congress to get the case before a federal court.
"Democrats and Republicans in Congress came together last night to give Terri Schiavo's parents another opportunity to save their daughter's life," Bush said at an event on Social Security (news - web sites) in Arizona. "This is a complex case with serious issues, but in extraordinary circumstances like this, it is wise to always err on the side of life."
Outside the hospice where his daughter entered her fourth day without food or water, Bob Schindler told reporters, "I'm numb, I'm just totally numb. This whole thing, it's hard to believe it."
A shout of joy was heard from the crowd outside the hospice when news of the House bill's passage came. About two dozen activists outside the hospice were subdued but hopeful after learning that Whittemore did not issue an immediate ruling. Some loudly heckled Felos as he spoke with the media.
"This is a life or death matter right now as I speak to you," said Nancy Kramer, 50.
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. Her husband says she would not want to be kept alive in that condition, but her parents insist she could recover with treatment. | | Reply To this Message
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| Posted by: mystic | |
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| Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery. Her husband says she would not want to be kept alive in that condition, but her parents insist she could recover with treatment. |
I dont think these people really understand what PVS is. I think they are in serious denial if they think she will ever recover after this....especially after 15 years.
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| Posted by: mystic | |
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Heavens11 said this in post #4 :
The Federal Court in Florida denied the reinstallation of the feeding tube into Terri Schiavo. The attorneys for Terri's parents have filed an appeal with the 11th Circuit Court of Appeals in Atlanta.
Judge Denies Request to Insert Feeding Tube |
I dont get this...
I mean I get it, but I dont get it.
I thought after the federal court denied it that it would end here...I didnt know this was gonna go BACK into the courts on appeals yet again! Well, I knew it would, but I was hoping it wouldnt.
Congress needs to butt out of all personal matter such as this, and this matter needs to be finished once and for all.
They brought it into the federal court as promised..and it should have ended today.
How many denials in court does it take for these people to get the message?
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| Posted by: mystic | |
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Heavens11 said this in post #6 :
If denied in the 11th Circuit Court of Appeals, the Schindler's can appeal to the Supreme Court of the United States. Then it's up to the Supreme Court to decide to hear the case (they already turned it down at least once before). |
Thats just it...they are just going through the same exact process that they already went through....I dont see how the judgment will change.
I cant see the Supreme Court taking this on after already saying no to it once before.
But then who knows about anything anymore...I certainly never thought I would see the House having a hearing over this case either.
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| Posted by: HECK! | | Doubt the Supreme Court will hear this, they've already denied it in the past...
-HECK! | | Reply To this Message
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| Posted by: HECK! | | Must be nice to pick and choose what political bonfires to try and put out.
-HECK! | | Reply To this Message
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| Posted by: Lawless | | The Gov't should have NEVER been involved in this in the first place.... hopefully, soon, Terri can FINALLY rest in peace. | | Reply To this Message
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Euthanasia/Right to Die Forum: Terry Schiavo's Fate Awaits Judge's Ruling
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