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Wednesday, March 23, 2005

Schindler's to Head to the Supreme Court

The 11th Circuit Court ruled against the Schindler's motion to restore Terri Schiavo's feeding tube earlier this morning, with a 2-1 vote. They also declined to strike down the law passed by Congress, citing that it did nothing to require the federal courts anything more than to hear the case - not require them to order the feeding tube reinserted before hearings, nor anything extraordinary - which is decidedly different than some people were squawking about. You can read the Court's findings in a PDF file here.

The Schindler's are making a last-ditch effort to appeal the case to the Supreme Court, which has declined to hear the case before (even though without comment). While it has declined to hear the case before, more often than not the SCOTUS declines cases based more on caseload than anything else, and their non-comment decline is usually an indicator of that. I think that with the national attention this case is getting, the Supreme Court is going to be more hard-pressed than it was before to decline hearing arguments. Moreover, if it does decline the case, it still doesn't stop it from ordering it re-evaluated in a lower court. I don't think many people are ready to throw in the towel yet, including the Schindlers. Governor Jeb Bush is riding the Florida legislature extremely hard to pass measures that could save Terri Schiavo's life, and that will be the absolute last chance for any hope of saving her life. Keep your fingers crossed that it works.

Meanwhile, armchair experts (who have yet to spend a minute examining Terri Schiavo) are prattling on about how Terri's death should be "peaceful", because starving to death is just so relaxing. They essentially argue that a lack of food and water lets you slip into a "peaceful" dehydration-induced coma, despite the fact that you're in agonizing pain for a bite to eat and water to drink. Doctors, it should be noted, tend to put a "happy face" on for these sorts of predictions, when they really don't know how it will actually end. They're trying to make people feel better about a situation like this, and the common sense part of me is screaming not to listen to it.

Wizbang, per the usual, has their own thoughts.

Michelle Malkin weighs in as well.

Powerline, too.

I'll be back later on to update with more blogposts and thoughts.


Seems as if the Schindler's have changed their mind - they're going to try for an en banc trial back at the 11th Circuit, getting all the judges involved.


And we're right back to going to the Supreme Court again. The 11th Circuit has refused to do an en banc appeal, which is puzzling considering this is a rather important situation where (to the average person who reads about this story) there are really huge questions of law and the application of standards here.