samikeyp
03-24-2005, 12:28 PM
just announced on CNN.com
http://www.cnn.com/2005/LAW/03/24/schiavo/index.html
WASHINGTON (CNN) -- The U.S. Supreme Court on Thursday rejected an appeal by the parents of Terri Schiavo to have their severely brain-damaged daughter's feeding tube reinserted.
The court, without comment, refused to intervene after the 11th U.S. Circuit Court of Appeals twice Wednesday turned down a plea from the parents, Bob and Mary Schindler.
On another legal front, Florida Pinellas-Pasco Circuit Judge George Greer on Thursday denied a petition of the state Department of Children and Families -- and Gov. Jeb Bush -- to take Schiavo into state custody.
Referring to the Supreme Court, decision, George Felos, an attorney for Terri Schiavo's husband, Michael, said: "Mr. Schiavo and all of us are very grateful for the order of the United States Supreme Court this morning. We hope that that order will effectively end the litigation effort in this case.
"We believe it's time for that to stop ... and that Mrs. Schiavo be able to die in peace."
Justice Anthony Kennedy, who is responsible for emergency appeals from the 11th Circuit, signed the Supreme Court ruling.
The 11th Circuit, based in Atlanta, Georgia, includes Florida, where Terri Schiavo lives in a hospice.
Kennedy referred the appeal to the other eight justices, who declined to get involved.
It was the fifth time the case has been presented to the Supreme Court, which has consistently refused to hear it.
On Friday, lawyers for the House of Representatives filed an appeal asking the justices to intervene in the case. The appeal was denied without comment.
"It appears every legal option has just been exhausted," the Rev. Patrick Mahoney, spokesman for the Schindlers, said after Thursday's Supreme Court decision. "Gov. Bush is now the only practical hope here for Terri Schiavo. We plead with Gov. Bush."
Brother Paul O'Donnell, a spiritual adviser for the Schindlers, said, "their hope is dimming."
"They're very disappointed," he said. "They're in shock. They can't believe this is happening. They hope the governor is going to do something, but this is a severe blow when Terri's life hangs in the balance."
President Bush was described by aides as disappointed Thursday at the Supreme Court's decision. Bush was informed of the court's action while at his Texas ranch.
Schiavo's parents and her husband have been at odds over the woman's care, and the battle has drawn in religious conservatives on the side of the Schindlers to fight Michael Schiavo's efforts to let his wife die, as he says she wanted.
Twenty court rulings have sided with Michael Schiavo. The courts have ruled that evidence shows Terri Schiavo expressed her wishes, although she did not have a written living will.
Judge Greer on Thursday denied the state petition to put Schiavo into state custody but is now considering a petition by the DCF. It says a neurologist who examined Schiavo's medical records found she was "most likely in a state of minimal consciousness" rather than the persistent vegetative state previous doctors have diagnosed.
According to the petition, the agency's board-certified neurologist, Dr. William Polk Cheshire, has information "that seriously challenges the diagnosis that Mrs. Schiavo is in a persistent vegetative state," as courts have upheld.
"This new information raises serious concerns and warrants immediate action," Gov. Bush said. (Full story)
Greer in 2002 rejected arguments put forth by doctors chosen by Schiavo's parents that she was not in a persistent vegetative state. Three other doctors -- two chosen by Michael Schiavo and one chosen by the court -- concluded she was in that state.
There was no immediate response from Michael Schiavo about the petition, but he has said he loves his wife and has provided her with the best care possible.
Wednesday night, Bob Schindler accused Greer of being "on a crusade" to kill Terri.
The parents visited their daughter Wednesday, flanked by police. Groups of activists who support them were outside the hospice.
A day of setbacks for parents
Terri Schiavo's parents suffered several setbacks Wednesday:
A three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta refused by a 2-1 vote to order the tube reinserted.
The full 11th Circuit later in the day voted 10-2 not to reconsider the panel's rejection.
In Washington, the Bush administration said there was nothing more it could do.
A bill in the Florida Senate aimed at prolonging Terri's life failed 21-18.
The U.S. Justice Department has filed "statements of interest" supporting the parents in each court action.
Last weekend, President Bush signed a bill passed by Congress moving the Schiavo case from state to federal courts, and Monday, U.S. District Court Judge James Whittemore in Tampa refused to grant a temporary restraining order that would have allowed reinsertion of the woman's feeding tube.
Terri Schiavo suffered profound brain damage in 1990, when her heart stopped temporarily, perhaps because of an eating disorder. Since then, she has received around-the-clock care.
In 1998, her husband petitioned to have her feeding tube removed. After court rulings, the tube was removed for two days in 2001 and six days in 2003.
Gov. Bush strongly urged the Legislature to pass a bill that would save Schiavo, as it did in 2003. That law allowed Bush to order doctors to restore Schiavo's feeding tube six days after it had been removed. But that law was later declared unconstitutional by the Florida Supreme Court.
Since last Friday, Michael Schiavo has been at Terri Schiavo's bedside, Felos has said.
Mary Schindler said Wednesday: "When I close my eyes at night, all I can see is Terri's face in front of me, dying, starving to death."
http://www.cnn.com/2005/LAW/03/24/schiavo/index.html
WASHINGTON (CNN) -- The U.S. Supreme Court on Thursday rejected an appeal by the parents of Terri Schiavo to have their severely brain-damaged daughter's feeding tube reinserted.
The court, without comment, refused to intervene after the 11th U.S. Circuit Court of Appeals twice Wednesday turned down a plea from the parents, Bob and Mary Schindler.
On another legal front, Florida Pinellas-Pasco Circuit Judge George Greer on Thursday denied a petition of the state Department of Children and Families -- and Gov. Jeb Bush -- to take Schiavo into state custody.
Referring to the Supreme Court, decision, George Felos, an attorney for Terri Schiavo's husband, Michael, said: "Mr. Schiavo and all of us are very grateful for the order of the United States Supreme Court this morning. We hope that that order will effectively end the litigation effort in this case.
"We believe it's time for that to stop ... and that Mrs. Schiavo be able to die in peace."
Justice Anthony Kennedy, who is responsible for emergency appeals from the 11th Circuit, signed the Supreme Court ruling.
The 11th Circuit, based in Atlanta, Georgia, includes Florida, where Terri Schiavo lives in a hospice.
Kennedy referred the appeal to the other eight justices, who declined to get involved.
It was the fifth time the case has been presented to the Supreme Court, which has consistently refused to hear it.
On Friday, lawyers for the House of Representatives filed an appeal asking the justices to intervene in the case. The appeal was denied without comment.
"It appears every legal option has just been exhausted," the Rev. Patrick Mahoney, spokesman for the Schindlers, said after Thursday's Supreme Court decision. "Gov. Bush is now the only practical hope here for Terri Schiavo. We plead with Gov. Bush."
Brother Paul O'Donnell, a spiritual adviser for the Schindlers, said, "their hope is dimming."
"They're very disappointed," he said. "They're in shock. They can't believe this is happening. They hope the governor is going to do something, but this is a severe blow when Terri's life hangs in the balance."
President Bush was described by aides as disappointed Thursday at the Supreme Court's decision. Bush was informed of the court's action while at his Texas ranch.
Schiavo's parents and her husband have been at odds over the woman's care, and the battle has drawn in religious conservatives on the side of the Schindlers to fight Michael Schiavo's efforts to let his wife die, as he says she wanted.
Twenty court rulings have sided with Michael Schiavo. The courts have ruled that evidence shows Terri Schiavo expressed her wishes, although she did not have a written living will.
Judge Greer on Thursday denied the state petition to put Schiavo into state custody but is now considering a petition by the DCF. It says a neurologist who examined Schiavo's medical records found she was "most likely in a state of minimal consciousness" rather than the persistent vegetative state previous doctors have diagnosed.
According to the petition, the agency's board-certified neurologist, Dr. William Polk Cheshire, has information "that seriously challenges the diagnosis that Mrs. Schiavo is in a persistent vegetative state," as courts have upheld.
"This new information raises serious concerns and warrants immediate action," Gov. Bush said. (Full story)
Greer in 2002 rejected arguments put forth by doctors chosen by Schiavo's parents that she was not in a persistent vegetative state. Three other doctors -- two chosen by Michael Schiavo and one chosen by the court -- concluded she was in that state.
There was no immediate response from Michael Schiavo about the petition, but he has said he loves his wife and has provided her with the best care possible.
Wednesday night, Bob Schindler accused Greer of being "on a crusade" to kill Terri.
The parents visited their daughter Wednesday, flanked by police. Groups of activists who support them were outside the hospice.
A day of setbacks for parents
Terri Schiavo's parents suffered several setbacks Wednesday:
A three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta refused by a 2-1 vote to order the tube reinserted.
The full 11th Circuit later in the day voted 10-2 not to reconsider the panel's rejection.
In Washington, the Bush administration said there was nothing more it could do.
A bill in the Florida Senate aimed at prolonging Terri's life failed 21-18.
The U.S. Justice Department has filed "statements of interest" supporting the parents in each court action.
Last weekend, President Bush signed a bill passed by Congress moving the Schiavo case from state to federal courts, and Monday, U.S. District Court Judge James Whittemore in Tampa refused to grant a temporary restraining order that would have allowed reinsertion of the woman's feeding tube.
Terri Schiavo suffered profound brain damage in 1990, when her heart stopped temporarily, perhaps because of an eating disorder. Since then, she has received around-the-clock care.
In 1998, her husband petitioned to have her feeding tube removed. After court rulings, the tube was removed for two days in 2001 and six days in 2003.
Gov. Bush strongly urged the Legislature to pass a bill that would save Schiavo, as it did in 2003. That law allowed Bush to order doctors to restore Schiavo's feeding tube six days after it had been removed. But that law was later declared unconstitutional by the Florida Supreme Court.
Since last Friday, Michael Schiavo has been at Terri Schiavo's bedside, Felos has said.
Mary Schindler said Wednesday: "When I close my eyes at night, all I can see is Terri's face in front of me, dying, starving to death."