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fryguy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 12:57 PM
Original message
Schiavo's parents request en banc hearing
http://story.news.yahoo.com/news?tmpl=story&cid=514&e=1&u=/ap/20050323/ap_on_re_us/brain_damaged_woman

Schiavo Parents Seek Review of Ruling

<snip>

The request for an "expedited rehearing" of the full 11th U.S. Circuit Court of Appeals was made 10 hours after the three-judge panel had rejected Bob and Mary Schindler's earlier filing.

<more>
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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 01:00 PM
Response to Original message
1. The irony here is when Terri dies, her parents will be devastated, and
Edited on Wed Mar-23-05 01:01 PM by BrklynLiberal
those disgusting Religious RightWing Fundies who have funded their fight will be celebrating because they will have a martyr for their cause.
The whole thing makes me want to projectile vomit.
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bowens43 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 01:05 PM
Response to Reply #1
6. I firmly beleive that both the parents and the husband
Edited on Wed Mar-23-05 01:06 PM by bowens43
are doing what they believe to be right. The republican congress, the idiot and and the fundi wack jobs we see on TV are in this for political reasons. Make no mistake, these asswipes don't care one way or the other whteher Terri lives or dies, this is about setting the stage for for the overturn of Roe-vs-Wade.
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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 01:54 PM
Response to Reply #6
11. Absolutely right.
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GoddessOfGuinness Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 03:34 PM
Response to Reply #6
20. You know it.
I feel badly for her parents. Who wants to acknowledge that their child is brain-dead?

I feel sick for Michael Schiavo. The allegations against him are appalling, and I hope he can sue for libel/slander.
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8misyears Donating Member (26 posts) Send PM | Profile | Ignore Wed Mar-23-05 01:05 PM
Response to Reply #1
7. Exploitation
They will use her for more things that she didn't want.
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merwin Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 01:01 PM
Response to Original message
2. How many courts have to deny them before it is considered
a frivolous lawsuit?
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Jersey Devil Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 01:01 PM
Response to Original message
3. A request for an en banc hearing had a 10 am deadling
Edited on Wed Mar-23-05 01:03 PM by Jersey Devil
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qazplm Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 01:04 PM
Response to Reply #3
5. really?
are you sure? Not doubting you, just didnt think you always had to have an en banc hearing to go to the supreme court.
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Jersey Devil Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 01:10 PM
Response to Reply #5
8. You don't need an en banc request
I said that somewhere else but was mistaken.

Footnote6 of the opinion gave today at 10 am as a deadline for an en banc request but did not say that it was required to appeal to the Supremes.
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fryguy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 01:11 PM
Response to Reply #5
9. you don't
and that's what the footnote says. however, the court did set the deadline of 10 a.m., so not sure if this was filed before and it took some time to be reported or if they might have missed the deadline.

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qazplm Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 01:02 PM
Response to Original message
4. makes sense
if they go straight to the supremes its their final bite at the apple, this way, they get two.

I think though that the full court is not likely to render a different verdict, but the time it will take for them to issue an opinion has got to be longer than the time it took the three judge panel to do so.

i think they are running out of time, hopefully she passes away peacefully and renders this all moot.
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lavenderdiva Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 01:58 PM
Response to Reply #4
12. I too hope she passes in peace and this whole circus ends... n/t
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Rose Siding Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 01:13 PM
Response to Original message
10. Bloomberg's piece quotes Howard Dean
Edited on Wed Mar-23-05 01:20 PM by Rose Siding
Schiavo's Parents Seek New Appeals Court Hearing on Daughter
snip>
In a speech to Democratic party activists in Nashville today, Democratic National Committee Chairman Howard Dean said Republicans made a political mistake in their handling of the Schiavo case.

`Probably Surprised'

``I think the president and members of his party were probably surprised when they read the polls, because most Americans believe this is a deeply private, tragic matter, and that politicians ought to stay out of it,'' Dean said. ``I believe it is.''

http://www.bloomberg.com/apps/news?pid=10000103&sid=ada3uaoSbdMU&refer=us
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DeepModem Mom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 03:07 PM
Response to Original message
13. CNN: Schiavo's parents urge full appeals court to act
Schiavo's parents urge full appeals court to act
Schindlers also asking Florida legislators to pass new law
Wednesday, March 23, 2005 Posted: 2:22 PM EST (1922 GMT)


ATLANTA, Georgia (CNN) -- The parents of a severely brain-damaged woman have asked the full 11th U.S. Circuit Court of Appeals for an expedited rehearing of the case.

Bob and Mary Schindler also are trying to get the Florida Legislature to take up a bill to restart food and hydration for 41-year-old Terri Schiavo, whose feeding tube was removed Friday.

The latest request, filed by Schindler attorney David Gibbs, asks that the court's 12 judges consider the appeal based on whether Schiavo's legal right to have her claims heard by a federal court would be truncated by her impending death.

The documents ask that the court issue a preliminary injunction prohibiting Schiavo's husband, Michael, and others from preventing the tube being reinserted....


http://www.cnn.com/2005/LAW/03/23/schiavo/index.html
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 03:07 PM
Response to Reply #13
14. One, Two, Three
1. The

2. Party's

3. Over.
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nadinbrzezinski Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 03:07 PM
Response to Reply #13
15. the only good thing about this insanity is...
it shows to the country how insante these peoople are....

And yes they are insane and they HATE the constitution
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bowens43 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 03:08 PM
Response to Reply #13
16. talk about misleading....
"The latest request, filed by Schindler attorney David Gibbs, asks that the court's 12 judges consider the appeal based on whether Schiavo's legal right to have her claims heard by a federal court would be truncated by her impending death."


Hey morans, she has no claims!! She is a not a party to this action. If she were a party to this action she would oppose the actions of her parents. Her husband is representing her in this action.
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Skidmore Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 03:11 PM
Response to Original message
17. I hope this poor woman
passes peacefully.

I also want to know how they can afford all this litigation.
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robbedvoter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 03:41 PM
Response to Reply #17
22. Who is footing the bill? remember the Arkansas project?
Show all folders
Mesg #357485 "Schindlers' List"
Author GangOfOne    
http://bartcopnation.com/dc/dcboard.php?az=show_mesg&forum=2&topic_id=357485&mesg_id=357485&page=
        


Scaife, Olin, Koch, McKenna, Bradley, Richardson, Smith and Coors.
Just some of the members of the Philanthropy Roundtable which is
"a collection of foundations that have funded conservative causes ranging from abolition of Social Security to anti-tax crusades and United Nations conspiracy theories."
The Roundtable members' founders include scions of America's wealthiest families, including Richard Mellon Scaife (heir to the Mellon industrial, oil and banking fortune), Harry Bradley (electronics), Joseph Coors (beer), and the Smith Richardson family (pharmaceutical products)."
http://blog.bioethics.net/2005/03/have-conservatives-bought-bioethics.html
http://www.mydd.com/story/2005/3/22/135029/283
"Schindler lawyer Pat Anderson "was paid directly" by the anti-abortion Life Legal Defense Foundation, which "has already spent over $300,000 on this case," according to the foundation's Web site. Much of the support for Life Legal Defense Foundation, in turn, comes from the Alliance Defense Fund, an anti-gay rights group which collected more than $15 million in private donations in 2002 and admits to having spent money on the Schiavo case "in the six figures," according to a recent article in the Palm Beach Post. Mediatransparency.org states that between 1994 and 2002, the Alliance Defense Fund received $142,000 from Philanthropy Roundtable members that include the Lynde & Harry Bradley Foundation and the Richard and Helen DeVos Foundation."
Follow the money. It had been bugging me how the Schindlers were able to afford litigation and medical care for their daughter, generally either one of these areas would bankrupt any average family, let alone the combination of these actions.
Now I know and I finally understand who is really in charge of Congress.
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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 03:12 PM
Response to Original message
18. blatantly playing politics
Going to the full court of appeals does give the family two more tries as opposed to going straight to the Supremes. But if time is of the essence, why wouldn't you go straight to the Supremes?

Answer: What they are after is a ruling by a divided en banc court, with the judges appointed by republicans ruling mostly in their favor and the judges appointed by Democrats ruling against. It fits their political needs, not their alleged concern about Terri.

onenote
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huskerlaw Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 03:17 PM
Response to Reply #18
19. Because the Supremes
refused to hear the case last Thursday. There's nothing to suggest that they wouldn't tell the Schindlers to pack sand this time too.
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XemaSab Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 03:39 PM
Response to Reply #19
21. Nice signature image n/t
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huskerlaw Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 03:46 PM
Response to Reply #21
23. Thanks!
It's quite popular today for some reason ;)
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Moderator DU Moderator Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 03:47 PM
Response to Original message
24. locking
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