11th Circuit Denies Appeal
A three-judge panel on the Eleventh Circuit rejected the Schindler's appeal of the denial of a TRO to reinstate the feeding tube by a vote of 2-1.
Despite days of Congressional wrangling, the "Passion Sunday Compromise" and the Sunday post-midnight vote, we're now back where we were last week, with the Schindler's only options as the Supreme Court, extraordinary action by Jeb Bush, or the conversion of Michael Schiavo.
It's hard to believe that the courts would look at all the activity in Congress last weekend and assume that all the political branches intended was that they give a cursory glance over the trial record from state court, make sure nothing obviously and egregiously unconstitutional happened, and then let the woman die. The law clearly contemplated a thorough, de novo review of the case. A thorough review would necessarily be a lengthy one. A lengthy review will be impossible if the case is mooted. The case will be mooted if Terri Schiavo dies. Terri Schiavo will die if her feeding tube is not reinserted. Ergo, if Terri Schiavo's feeding tube is not reinserted, at least preliminarily, there can be no thorough, de novo review of the case, and the manifest intent of Congress will be thwarted. And yet the federal courts, under the guise of fulfilling Congress' will, have done exactly the opposite.
Theresa Marie Schiavo has now gone over 115 hours without food or water.
Despite days of Congressional wrangling, the "Passion Sunday Compromise" and the Sunday post-midnight vote, we're now back where we were last week, with the Schindler's only options as the Supreme Court, extraordinary action by Jeb Bush, or the conversion of Michael Schiavo.
It's hard to believe that the courts would look at all the activity in Congress last weekend and assume that all the political branches intended was that they give a cursory glance over the trial record from state court, make sure nothing obviously and egregiously unconstitutional happened, and then let the woman die. The law clearly contemplated a thorough, de novo review of the case. A thorough review would necessarily be a lengthy one. A lengthy review will be impossible if the case is mooted. The case will be mooted if Terri Schiavo dies. Terri Schiavo will die if her feeding tube is not reinserted. Ergo, if Terri Schiavo's feeding tube is not reinserted, at least preliminarily, there can be no thorough, de novo review of the case, and the manifest intent of Congress will be thwarted. And yet the federal courts, under the guise of fulfilling Congress' will, have done exactly the opposite.
Theresa Marie Schiavo has now gone over 115 hours without food or water.
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