Federal Judge refuses to order feeding tube re-connected

yup I was wrong...earlier it was reported a decision wouldn't be made till Friday...well they are extremely limited now to 2 actions and they will fail as well.

Rose, have you heard anything more on this? I can't find any reference to these developments on CNN.com or on Yahoo News.

Jeb submitted an appeal to the courts yesterday afternoon...a neurologist claims she is not in a vegatative state and should have the tube reinserted to do more testing. The neurologist is with a group of religous right wingers. At that time Jeb said he was sending police to transport teri to the hospital to get the tube reinserted...to which the judge ordered the state police to make sure she was not moved.

As it stands now this appeal is before judge green and he said he would rule on it by noon today .

The parents have filed another appeal with the same court to have the case reopened stating now that this has to do with the American Disabilities Act.


These are the last two gasps of a dying legal case.

The Florida court just refused to grant custody to Gov. Jeb.

So why do I have the feeling there will be gasps, wheezes, and other bodily noises out of this legal case until Terri Schiavo actually dies?

Could be but doubtful...COngress and G>W have said it is out of their hands now and the florida senate hase voted not to intervene now. With the Supreme court denying a hearing there is really no avenue left. Seeing as the same judges are hearing the new appeals I highly doubt they will change course now.

The clock is ticking and she will probably pass any day now.

So now its down to the last appeal concerning the Americans with Dissabilities Act...I think Judge Whitehead is looking that over and once he makes his ruling I don't see any other legal remedy the parents can seek...but they will play to the media .

The ruling concerning their appeal based on violations of the ADA is the one that concerns me the most because it could have the broadest impact on existing laws. They could issue a ruling that would invalidate existing state laws allowing an avocate to make a decision for a person who has not made their wishes known in a living will or DNR, just as the Florida legislature attempted to do.

Worse yet, it could be extended to include keeping someone alive who has made their wishes known through a living will or DNR, but the document or action is being contested by even one person in the family.

This of course is the intention of those that believe death should be delayed by using any and all medical intervention that is necessary. They have been waiting for their spotlight and now they have it.

What I don't understand - what is so noble about suffering pain or being subjected to such indignity as being kept alive after the essence of what makes you human has ceased to exist?


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Ya know, I have read several postings elsewhere in which the poster tries to understand why the Right can speak of the Sanctity of Marriage on one hand – in order to prevent the legitimization of gay sex - and then disregard one of the most significant aspects of the marriage relationship – the ability of one spouse to defend the other spouse – just so that the neo-cons can battle our right to Choose a Dignified Death.

Seems like a contradiction. But it isn’t.

The Right has a few distinctive markings that dramatically categorize them as a fairly unified group. One of these markings is their almost universal belief that they have a right – even a duty – to assume a direct supervisory role over each and every life they can reach. The preservation of life is much more important than any other consideration. If it’s the life of someone they feel akin to (like babies), then they will fight to keep every single baby alive – regardless of the fact that the Mother is really responsible. If they think you are living your life incorrectly, they will step in with countless moral rulings to forbid you from wasting it. And, if you happen to be relatively unimportant to them – poor, liberal, black, female, foreign, young – then your life is theirs to spend as they see fit.

It isn’t so much “protecting every life” as it is “protecting those lives we feel ownership over.”

This is the primary objection that those of us on the Left have over those on the Right: they thoroughly disrespect the Liberties of anyone they personally disrespect – and that’s SO many people.

This is because there remains a perpetual battle between the two primary ethical perspectives of our society: the ethical systems based on Truth versus the ethical systems based on Loyalty.

To speak honestly, I will admit that in order to support the manifestation of Truth in the world, I (and most serious Leftists and religious people) would sacrifice their lives and expect others to sacrifice theirs as well. Even given a primarily pacifistic position, it is crucial to remember that a world without Truth would not contain lives of any purpose, meaning, or hope. I also admit that I would betray any group that stood in the way of Truth. I admit that I would do whatever was necessary – save lie – to protect and acknowledge the Truth.

However, these admissions seem reasonable to me when it’s understood that adherence to Truth inevitably leads one to Compassion, where all humane virtues reside, and where an overarching identification (and loyalty) to Life springs. And Truth itself provides the resources necessary to protect the innocent, the weak, and the unfortunate from despair. If I dedicate myself utterly to Truth, I will find a way to avoid sacrificing life, and will be sheltered by others who love the Truth as I do.

The Right, on the other hand, bases its ethical system on Loyalty alone. Above all, one must remain loyal, trustworthy, and reliably willing to take one for the team when required. All other groups or individuals are less than the Group and exist to feed or support the Group. All crimes are forgivable when committed in the interest of the Group – especially when they succeed. The Truth is almost insignificant, except when being used as camouflage. It is a betrayal to the Group if one does not lie, plot and manipulate when necessary.

This may sound familiar. This is precisely the ethical framework of a small frontline military unit. And this is the correct, appropriate ethical system for a military unit of this type. However, this is no way to live in civilian life. And no one would ever simply set a unit like this free, with their weapons, to function autonomously in our society, free to continue to do what they will to survive as a Group.

There is no way to convince the Core Right that they are wrong about the things they “believe.” At the base of every belief they espouse is Loyalty, and only Loyalty. Any one of them that would wobble a bit stands a risk of excommunication, or worse. And there is no way to buy them out. What would we give them to convince them to follow the Truth rather than the group? Loyalty, as a rule, gets them more money, acclaim, power, “friends”, and protection. Truth may bring meaning to your life, but Loyalty brings you success. There are exceptions to these generalities, but they are statistically rare.

So, we continue to try to co-exist. These two philosophies as antithetical as can be. And, as long as the Loyalty-based are in power, people like Terri will have their lives interfered with, because she is not one of the Group. She is weak and female and – normally – unable to help the Group. Ironically, they currently claim her as their own, but only because she is temporarily able to give the Group something now: her body as a banner. And they wave her vigorously in their battle to combat personal autonomy and liberty. Despite the rhetoric of the Right, these are anathema to the Group, and subject to revocation whenever possible. Liberty, second only to Truth, is poison to Loyalty.

So, give it up. I have. These days I only talk to those who seem to be seeking some Truth. It’s pointless to rail at the Loyalty-based. Like tossing dirt clods at a Green Beret unit. Sure, I will occasionally let one of them know how I feel – which is generally pretty raw – but I seldom write with the hope of actually communicating anything to them. Once I detect that banner waving in the hot wind, I just write them off as members of the Lost.

I can only hope I can keep some part of my personal liberty out of their grasp. And that they never manage to completely obscure the Truth.

The judge who is dealing with the ADA is the same judge that has denied them on other appeals...I doubt very seriously he will let this through. government has no right interfearing in the private lives of its citizens...one day they will go too far and will be on the recieving end of a revolution....then again most Americans have become cattle...too stupid to leave the couch and make their voices heard.

Yup - the call 'em "sheeple"


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I have a feeling Jeb is going to take custody of her regardless. They aren't going to let this one go, it's too valuable politically and morally for them. The next thing you know, they are going to charge Michael with having caused Terri's condition.

How many years and how many courts have to repeatedly examine this issue?

This family seems to have an endless supply of rabbits to pull from the hat. This whole situation is sickening.

It never ceases to amaze me how selfish the people are who fight to keep people alive who are in a state like this. They don't want her alive for her benefit, it's all for them. Sick.

wouldn't she be worth more, then, as a martyr, Nolan? I mean, if she's really a vegatable, she isn't going to be doing speeches thanking the GOP for saving her life; but dead, they can blame the godless communists and Michael Moore for the decline of our Original Christian Values.

You could be right. In a sense, they win either way.

And yeah, Original Christian Values, those that the founding fathers tried so hard to protect our government from.

At any rate, if I am understanding things correctly, Gov. Bush can take custody of her through the Florida Dept. of Children and Family, regardless of what any court thinks. Apparently he can order the state to go and take custody of her without a hearing of any sort.

Then there is the appeal going on right now at the state level, pertaining to the state level ruling earlier today. The Federal Hearing going on as I type this in Tampa.

They are also trying to invoke the Adult Protective Service Act and the Americans With Disabilties act, and I am sure it won't end there.

Doesn't much seem that they want her to be a martyr, unless they are being exceedingly crafty.

Poll: Evangelicals and conservatives oppose gov't on Schiavo

http://news.yahoo.com/news?tmpl=story&u=/ap/20050324/ap_on_re_us/schiavo_polls_3

So if this poll is correct, the ones siding with the government are a minority.