Net Roots Movement

Lets Make Change.

Another “NO!”

The Schindlers were rejected again, this time by the second highest court. Their last step is appealing to the US Supreme Court (which they will, no doubt, do). Look for Republicans either hitting the grandstand hard or pretending the issues doesn’t exist. According to the ABC “Talking Points Memo” it is obvious that most Republicans thought the Schiavo case would be an easy win given their majority in both houses. This, as we and they know now, is not the case and I would not be suprised if Republicans try to hush this story out of the spotlinght before they’re exposed in the MM for exploiting Schaivo’s case for political gain. Thankfully, the judicial branch has done its duty and acted without bias this morning.

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.

. . . Rex Sparklin, an attorney with the law firm representing the parents, said Wednesday that the couple will appeal to the Supreme Court. “The Schindlers will be filing an appropriate appeal to save their daughter’s life,” he said.

Howard Simon of the American Civil Liberties Union of Florida praised Wednesday’s ruling. “It’s naive to ever say this may be over, but the U.S. Supreme Court has declined to get into this case (before) and it may be the ruling that came out this morning that may finally be the end of this case,” Simon said.
(courtesy of the Daily Kos)

I hope we see the same fair evaluation in the Supreme Court. So far the judicial system has maintained their check over the legislative branch and refused to act on the illegal legislation passed by Congress.

My prediction? I think the Supreme Court will refuse to hear the case and the Schiavo and Shindler family will finally be able to let their wife and daughter pass on in peace.


March 23, 2005 - Posted by | The Progressive Movement


  1. I don’t know if you’ve been keeping up, but apparently there’s pretty good reason to think that the “Talking Points” memo is a forgery, a political hoax. At the least, there’s no evidence that it even came from any Republicans.

    Just so you’re aware.

    Comment by Hal | March 23, 2005 | Reply

  2. an interesting claim. That would explain why no author was posted with the memo but I don’t think ABC would take credit for being the first to air it if they didn’t take every care to confirm the document was not forged. Afterall, they don’t want another “Rathergate”.

    Comment by chris | March 23, 2005 | Reply

  3. Well, the guys over at Powerline have been looking at this pretty extensively, and they seem to have some good points. You’re welcome to go take a look. Yeah, they’re conservative, but at least take a look at the points they make. If they’re wrong on something, I’d be interested to hear your take on why.

    Comment by Hal | March 23, 2005 | Reply

  4. I read the powerline post and I think the conservative staffer is trying to cover the party’s ass. The memo was leaked just as the rushed back to DC to pass “emegency legislation”. If you filp on Fox News or Schaburough or any of these quacks you hear those same points being made by the GOP talking heads they disbatched for damage contoll on Sunday.
    Plus, the Memo is not THAT far fetched. It is very believable that a FYEO memo like this could be passed around by and to republican members of congress.
    It doesn’t matter, really, if the memo is real or fabricated. The memo spells out the exact motives of the GOP in their action.

    Luckily for us, no one’s buying their BS!

    Comment by chris | March 23, 2005 | Reply

  5. Actually, I think it does matter if it was real or not. I don’t want to assume one way or the other what the motivations for their actions are, even if I end up disagreeing with said actions. If the memo is legit, then their motivations are horrid. If the memos were made by someone with an axe to grind against republicans, then their motiviations might still be horrid, but at least it’s not someone projecting onto them what they already think the motivations are.

    Comment by Hal | March 23, 2005 | Reply

  6. //I think the Supreme Court will refuse to hear the case and the Schiavo and Shindler family will finally be able to let their wife and daughter pass on in peace//

    While Michael may be finally glad to have the woman he claims to love be snuffed out, you statement that her “family” will be able to let her pass in peace is totally wrong. Terri’s WHOLE family has stated that Terrir’s would have chosen to live, it is only her adulterious husband that wants her dead. And the most horrable part of the whole thing is the completely inhumane idea of letting her starve to death, a treatment that is prevented by law for even the worst criminal.

    Comment by ÐÇRøçk§ | March 24, 2005 | Reply

  7. First of all, I take issue with calling Michael “adulterious”. If I was completly inable to interact with my spouse for 14 years, I would want them to move on. Its unfair. Then again, like Terri, I would want to be euphamized and freed to “be with the lord”.

    Second, do you know how many people (alot of whom actually have a chance for survival) are pulled of feeding tubes after a few weeks? A new born baby that was pulled off life support in Texas after her mother ran out of money. That’s who we should be fighting for.

    Terri Schaivo is dead, with the help of a feeding tube and her bodies natural instincts she is functioning, but in a spiritual sence, she is gone. Her cerebral cortex is completly liquified (filled with spinal fluid). She is unable to speak, think, react, feel, or hurt.

    If this is an “inhumane” practice, than why doesn’t congress pass a budget with a huge increase in medicare funding so that people in PVS can be kept on their feeding tubes forever?!

    Comment by chris | March 24, 2005 | Reply

  8. Michael’s behavior is adulterous as long as he is married. Period. It is a technical thing, just like his right to make the decision to kill Terri. He can not have his cake and eat it to. He can not consider himself a loving husband, and have an affair with another woman. Second, just because others are left to die, does not excuse this behavior, or make it any less horrible. The baby you were talking about was pulled off life support because no hospital would accept it or thought it would live, and the family could not pay even if they could find somewhere to accept the child. Yet I still find that just as bad. I am pissed that congress does not do more for everyone when it comes to health care, and if we were not at war, I would have voted Dem because of the Republican policies on healthcare. But the dangers facing the US, that the Dems refuse to acknowledge, caused me to be unable to support the Dem platform, even though I have always believed the Dems will do a much better job on domestic issues, because they are extremely lacking in the ability to take even the basic steps to secure the safety of the US, and would turn their backs on our brothers and sisters around the world that yearn to be free.

    Comment by ÐÇRøçk§ | March 25, 2005 | Reply

  9. I would also like to see more of a push for healthcare reform instead of removal. If you are going to pass emergancy legislation, why not pass it for EVERYONE? Why is Schiavo so special that she gets exclusive legislation while the rest of us are left to die.

    Also, in terms of Dems on security:

    It was not a Democratic president who ignored the

    Bin Laden Determined To Attack in the United States


    Comment by chris | March 25, 2005 | Reply

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