Captain's Quarters Blog


« Iraqi Victims Of UNSCAM Pay For Benon Sevan's Lawyers | Main | ABC News Channeling Mary Mapes? »

March 23, 2005
Appeal Denied

Terri Schiavo's parents have lost their emergency appeal to the Eleventh Circuit to get their daughter food and water, leaving them with only a Supreme Court emergency appeal to stop her death by dehydration:

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.

The failure of the federal courts to acknowledge the demand from Congress for a de novo consideration of the case will result in the killing of a non-terminal disabled person who left no instructions on her care other than a offhand comment after a movie remembered suddenly years later by her husband. A de novo order means that the federal court should have started from scratch in the case, ordering new testimony and medical tests. It would have had the effect of removing Judge George Greer as Terri's guardian ad litem, a role he assumed inappropriately as the only finder of fact in the entire Florida process. It might have meant that Carla Iyer, one of Terri's nurses, could have presented her affadvit and her testimony as to Terri's capabilities during her supposed PVS state:

Carla Sauer Iyer, a registered nurse who provided care to Terri Schiavo from 1995 to 1996 at a convalescence home in Largo, Fla., told FOX News in an interview Tuesday that her patient would interact with staff, was alert and aware and could talk.

"Her cognitive abilities including laughing, talking, letting you know she was in pain," Iyer told FOX News, adding that Terri Schiavo could say words like "mommy," "help me," "hi" and "pain."

She also said Schiavo had accurate reflexes on demand. Nurses also were able, at times, to feed Terri thickened liquids such as pudding and Jell-O with a baby bottle.

Iyer also claims that one time when she put a washcloth in Terri's hand to test her reflexes, Michael Schiavo would get upset and say, "that's therapy take that washcloth out."

Iyer claimed in a Fox News interview yesterday that she had been fired by the health facility after filing a police report about her suspicions that Michael Schiavo had injected his wife with insulin in 1996, which she counteracted with glucose to keep Terri from a diabetic coma. She claims to have found needle marks under her breast and arm. As far as I know, that has not been heard as testimony in court, although she has recently filed an affadavit with that included. If a police report exists from that period, then it would corroborate the testimony, although I have heard nothing about whether one exists.

The federal court has instead decided to disregard the clear language and intent of the emergency bill passed by Congress and abstain from a new process of finding fact in Terri's case. In doing so, they will allow a non-terminal, disabled woman to die a slow death on the word of an estranged husband and his years-long repressed memory. It will be the first federal endorsement of euthanasia, a precedent setting case that will allow for the disposal of many such disabled people in the future.

Sphere It Digg! View blog reactions
Posted by Ed Morrissey at March 23, 2005 6:18 AM

Trackback Pings

TrackBack URL for this entry is

Listed below are links to weblogs that reference Appeal Denied:

» 115 hours without food or water, and counting. from The Captain's Comments
I challenge you to go 36 hours without food or water and tell me if you agree with Michael Schiavo that "It is a very painless procedure." If you can manage to go without during 36 hours, imagine doing so for 115 hours as Terri has. [Read More]

Tracked on March 23, 2005 8:08 AM

» HAVING THE COURAGE OF YOUR CONVICTIONS from Right Wing Nut House
I find myself this morning asking a question that's been gnawing at the outside of my consciousness for days now. Why is it that the advocates for Terri's death don't have the courage of their convictions and push for a quick, painless death rather ... [Read More]

Tracked on March 23, 2005 8:37 AM

» Terri Schiavo Update IX from Pajama Hadin
11th Circuit Court Appeal Denied for Terri PINELLAS PARK, Fla. - After losing two consecutive appeals in federal court, Terri Schiavo's parents vowed today to take their fight to the U.S. Supreme Court as their severely brain-damaged daughter began... [Read More]

Tracked on March 23, 2005 8:59 AM

» Judiciary closes ranks from Carpe Bonum
It seems my schaedenfreude was premature. Feeding Tube Reinsertion Denied Again: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... [Read More]

Tracked on March 23, 2005 9:11 AM

» 11th Circuit says: STARVE from The Key Monk
There's something warped about having to appeal to a United States Federal Circuit Court to have your daughter fed; there's something more warped when that court refuses to feed her to maintain her relative health pending a de novo review of whether sh... [Read More]

Tracked on March 23, 2005 9:45 AM

» Court of Appeals Rules Against Terri's Life (Updated) from Hyscience
The 11th District Court of Appeals has ruled against reinserting Terri's feeding tube. Murder by judicial fiat is legal in the State of Florida. [Read More]

Tracked on March 23, 2005 10:52 AM

» Still Waiting. from NixGuy.com
CQ on the case so far: The federal court has instead decided to disregard the clear language and intent of the emergency bill passed by Congress and abstain from a new process of finding fact in Terri's case. In doing so, they will allow a non-te... [Read More]

Tracked on March 23, 2005 12:45 PM



Design & Skinning by:
m2 web studios





blog advertising



button1.jpg

Proud Ex-Pat Member of the Bear Flag League!