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brooklynite Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 08:48 PM
Original message
Court of Appeals rejects new Schiavo appeal
Edited on Fri Mar-25-05 08:55 PM by brooklynite
"Accordingly, Plaintiffs cannot establish a substantial likelihood of success on the merits or a substantial case on the merits on their Fourteenth Amendment substantive
due process claim. All Writs Act, 28 U.S.C. § 1651

The Eleventh Circuit stated that "our decisions make clear that where the relief sought is in essence a preliminary injunction, the All Writs Act is not available because other, adequate remedies at law exist." Schiavo v. Schiavo, No. CV-05-00530-T at 9 (11th Cir. March 23,
2005). Accordingly, the <*19> All Writs Act cannot be used here to "evade the requirements for preliminary injunctions." Id.

"Plaintiffs (First Amended) Motion for Temporary Restraining Order (Dkt. 34) is DENIED."

http://www.ca11.uscourts.gov/opinions/ops/200511628.pdf
- - -

This apparently a unanimous vote
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sonicx Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 08:51 PM
Response to Original message
1. back to the Supreme Court AGAIN...
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brooklynite Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 08:54 PM
Response to Reply #1
8. Not yet...
next stop is the entire 11th circuit.
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sonicx Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 08:55 PM
Response to Reply #8
12. opps, yeah. Last time they voted 10-2 against
i expect the same this time.
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JamboGuide Donating Member (267 posts) Send PM | Profile | Ignore Fri Mar-25-05 08:52 PM
Response to Original message
2. Rapture will occur at 1201am March 27th.
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meganmonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 08:53 PM
Response to Reply #2
4. Good
Then the fundies can go up in the sky and we can have our country and planet back!
O8)
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Windy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:07 PM
Response to Reply #4
22. hahahahaha
That was a good one!
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DemoTex Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:18 PM
Response to Reply #4
33. Donkeys talk, people fly; man named Jesus lives in the sky!


For salvation tonight visit www.landoverbaptist.org .. praise Jeebus! Perfect website for Easter weekend surfing.

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leesa Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:24 PM
Response to Reply #4
35. Hate to break it to ya, but the ones you want to leave with the Rapture
ain't gonna be going. It will be the non-Fundie sweethearts you've known in your life who will ascend...definitely NOT the GOP Fundies
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msanthrope Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:48 PM
Response to Reply #4
42. I'm all for the Rapture--It's a win/win.
144,000 of the most obnoxious people will leave, and the ones who remain will have no claim to "holiness". After all, they didn't get selected.
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Dave Reynolds Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 08:59 PM
Response to Reply #2
14. Thanks for the tip.
Nice to know when I can go car-shopping.

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Mnemosyne Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-05 08:18 AM
Response to Reply #2
55. I expect the resurrection!!
I'm very surprised they didn't declare her dead (falsely) so they could stage a "resurrection" on Easter.This entire circus is surreal. The comparisons of Terri to Christ I've heard, jeebus!!
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Scooter24 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 08:52 PM
Response to Original message
3. DENIED...
Edited on Fri Mar-25-05 09:00 PM by Scooter24
and the Supreme Court will more than likely affirm this as well.
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jdj Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 08:54 PM
Response to Reply #3
9. I'm nervous for this judge, though
I would like to see the white crazies out in the streets rioting, though, that would be entertaining.
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Technowitch Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 08:55 PM
Response to Reply #3
11. And they'll fire yet another "emergency" motion...
...based on yet another lie or unproveable assertion.
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AussieDave Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 08:53 PM
Response to Original message
5. OK - how many more appeals are there going to be ??
Where else can these people go ?? How much longer are the charlatans (both Bushes, Tom Delay, Randall Terry etc) going to string the Schindlers along with false hopes and platitudes ?? It's over !!

My heart goes out to the Schindlers in their agony but enough is enough - let the poor woman go to her God in peace and dignity.......
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NYC Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:01 PM
Response to Reply #5
15. I think they won't stop until
the woman is officially dead.
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AussieDave Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:08 PM
Response to Reply #15
24. Isn't it strange how all these people are coming out
of the woodwork with lurid tales of how Terri said "I want to live" as the feeding tube was being disconnected, how Terri and Michael were on the verge of divorce before her heart attack, how something "shocking" happened the night before her heart attack ??

The False News Network now describe Michael as "Terri's ESTRANGED husband - desperation is pitiful when you see it - and the Schindlers are the patsies - how cruel.......
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NYC Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:41 PM
Response to Reply #24
40. Some of those people are just looking for publicity.
Others have an objective.

The "I want to live" seems to be that the lawyer is repeating it (whether or not saying he himself heard the words) because the father said Terri said that, but then also said she "tried to say it". Big difference there. I think that is how the "I want to live" thing got started.
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WatchWhatISay Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:09 PM
Response to Reply #24
46. This case may be the one to make normal Americans aware
That these extremists are are operating on the "by any means necessary" principle and do not now and never had any qaulms about lying if it is, according to them, serving God's purpose.

My own husband was on their side at first because he believed that she had brain function and that the husband was essentially a murderer who was getting away with it. After all who would beleive that Christians would lie about this stuff. But he has been educated, and I think many, many Americans will be also as a result of all this. They can no longer believe that religious people don't generally lie.
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Windy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:08 PM
Response to Reply #15
25. They wont
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hyphenate Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:50 PM
Response to Reply #15
43. And then, on the third day
they find her gone and ascended to Heaven. :D

Yep--if she dies this weekend, the fundies will have a field day with the hundreds of interpretations of THAT one.
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karlrschneider Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 08:53 PM
Response to Original message
6. They will try for en banc yet again first, then USSC for the 6th time.
What a fucking insane circus.
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 08:53 PM
Response to Original message
7. Will appeal again to full 11 Circuit court. On CNN now.
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DS1 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:05 PM
Response to Reply #7
19. I thought it was the DEMOCRATS who always RAN TO THE COURTS!
:eyes:
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Scooter24 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:08 PM
Response to Reply #7
23. Highly unlikely
that the en banc decision will change this ruling.

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Guckert Donating Member (946 posts) Send PM | Profile | Ignore Fri Mar-25-05 08:54 PM
Response to Original message
10. I still say that they will try the world court in the Hague next... becau
because every court in this WHOLE country just wants to kill Terri. and all liberals of course.
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sonicx Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 08:57 PM
Response to Reply #10
13. That's right. And they're all activists too...
don't forget that. :crazy:
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bluedog Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:02 PM
Response to Original message
16. we the people in FLORIDA SAY
enough is enough.....stop this insanity.............you have had your due process.....much more than many many people have.......stop wasting our time and our money
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Danocrat Donating Member (485 posts) Send PM | Profile | Ignore Fri Mar-25-05 09:03 PM
Response to Original message
17. Are you sure this is LBN?
Haven't I seen this report days ago?
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Scooter24 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:05 PM
Response to Reply #17
18. This ruling was yet a new appeal...
and this ruling came about 10 min ago.
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DS1 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:05 PM
Response to Reply #18
20. sarcasm, I believe
;-)
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Scooter24 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:09 PM
Response to Reply #20
26. Ah..
m'bad.. :D

My mind is mush at the moment.
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DS1 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:11 PM
Response to Reply #26
27. highly understandable in these disturbing and repetitive times
:smoke:
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sonicx Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:06 PM
Response to Reply #17
21. no, it was just on CNN.
Edited on Fri Mar-25-05 09:07 PM by sonicx
edit: if that was a sarcastic post, sorry if i missed it. :)
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Danocrat Donating Member (485 posts) Send PM | Profile | Ignore Fri Mar-25-05 09:14 PM
Response to Reply #21
29. It was sarcasm
No need to apologize. I cope by using sarcasm. For me it counters the Rapture Right ironies.
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:31 PM
Response to Reply #17
38. We are in a persistent adjudicative state n/t
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Rose Siding Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:13 PM
Response to Original message
28. Maybe that explains Turner's banner
OPERATION "EXTRICATE" IS A "GO"

http://www.halturnershow.com/

Freak
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Fri Mar-25-05 09:16 PM
Response to Reply #28
30. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Danocrat Donating Member (485 posts) Send PM | Profile | Ignore Fri Mar-25-05 09:17 PM
Response to Reply #30
31. I see a deleted post coming
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meganmonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:45 PM
Response to Reply #31
41. I was quoting his website
Maybe I wasn't clear?! Sorry, mods et. al., if it looked like I was advocating killing!

(I'm pretty sure that was my post that got deleted...)
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Rose Siding Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:05 PM
Response to Reply #41
45. It was clear to me, but I'd seen it on the site
Must have been confusing. :(
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okasha Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:27 PM
Response to Reply #28
36. More likely the law came calling about his death threats
and he's locked himself in the bathroom.
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:33 PM
Response to Reply #28
39. WTF?
Have you seen this website now?


Web Site Updates Temporarily offline.
I am traveling to do something important.


Holy Bejeebus.
Wonder what they are doing? Who is this guy?
:scared:
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Pinboy Donating Member (268 posts) Send PM | Profile | Ignore Fri Mar-25-05 10:27 PM
Response to Reply #39
49. Let's hope "Operation Extricate" morphs into "Operation Arrest and
Prosecution" before anyone gets hurt.

Did you see how his website describes him? Here's one nugget:

"Hal unabashedly caters to "straight, white people." Some call that "racist" yet they say nothing about "Black Entertainment Television", "Black STARS Movie Channel", the "Miss Black America Contest." They also say nothing about outlets catering to hispanics such as "Telemundo", "Univision" and others. Hal decided that if blacks and hispanics could have media outlets catering to them, White people should be able to have a media outlet too! The Hal Turner Show is such an outlet."

http://www.halturnershow.com/History.html

He has been denounced by the Southern Poverty Law Center and the Anti-Defamation League, among others, and he proudly provides links to their condemnations of him, as well as this description of him in an MSNBC story on an Aryan Nations meeting in Idaho in June 2003:

"Hal Turner: A surprise guest from New Jersey, Turner is a talk show host who does a daily broadcast of fiercely anti-immigrant, anti-Jewish and anti-federal rhetoric via shortwave radio and the Internet. Turner has the cachet of show business and draws easily on the politics of the day to support his case."

http://www.msnbc.msn.com/id/3340524/
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ewagner Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:14 PM
Response to Reply #28
47. Oh-oh...here's his latest post
"Web Site Updates Temporarily offline.
I am traveling to do something important.


I don't think I like this......
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:18 PM
Response to Original message
32. NO. MORE. APPEALS. PLEASE.
These people are abusing the justice system with frivilous appeals that have no grounding in state or federal laws. I think they should be sanctioned by the courts for frivilous appeals and made to pay court costs of the defendant.
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Penndems Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:22 PM
Response to Original message
34. Breaking: 11th Circuit Rules Against Schiavo Tube Removal
Federal appeals court panel denies Schiavo appeal
Three judges rule against reinserting feeding tube
Friday, March 25, 2005 Posted: 9:16 PM EST (0216 GMT)

PINELLAS PARK, Florida (CNN) -- A three-judge panel of the 11th U.S. Circuit Court of Appeals ruled Friday night against the parents of Terri Schiavo, who are in a desperate race to save their brain-damaged daughter.

The judges ruled against reinserting the tube that supplies Schiavo with nutrients and hydration. The Atlanta, Georgia-based court had been asked to decide whether Schiavo's due process, religious and other rights were being violated.

Schiavo's feeding tube was removed a week ago, and her parents -- Mary and Bob Schindler -- have experienced a series of legal setbacks since then.

A Florida state judge is expected to rule by noon Saturday on an emergency motion filed by Schiavo's parents, who contend that their brain-damaged daughter has expressed the wish to live.
**********************************************************************
More:http://www.cnn.com/2005/LAW/03/25/schiavo/index.html

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ima_sinnic Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:55 PM
Response to Reply #34
44. "expressed the wish to live"--WTF?
--this is SO wrong, on so many levels!
A person with a liquefied brain does not "express" anything!
Second, it is SO not to be believed that ANYone would desire to be kept in a vegetative state, dependent on others for everything except their basic breathing, a heartbreak and a burden to their loved ones, existing just for the sake of existing, with no thoughts, emotions, senses, communicative abilities, or anything. Yeah, right, she expressed the wish to "live," my frikkin @$$.
As a Floridian (though not a particularly committed or loyal one), I am more than resentful of these idiots monopolizing the time and attention of the courts and the airways with their ridiculous CRAP. I don't even feel sorry for them anymore. Their daughter is dying and they're out grandstanding and capitalizing on her plight for their own twisted, fanatical and greedy ends, instead of being by her bedside assuring her comfort, saying their final good-byes, and feeling relieved that she will be at peace at last. IT'S ALL ABOUT THEM, ALL THE TIME.
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cal04 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:40 PM
Response to Reply #34
50. Schindlers implore Bush: 'Do something'
Edited on Fri Mar-25-05 11:03 PM by cal04
After the federal panel's decision Friday night, the Schindlers appealed to Florida Gov. Jeb Bush to intervene, calling what happened "judicial homicide.""Governor Bush, you have the power to save my daughter," Mary Schindler said. "Please, please do something."

Schiavo's father was more forceful.
" has put Terri through a week of hell and our family through a week of hell by not acting," Bob Schindler said. "He has to come up to the plate."

http://www.cnn.com/2005/LAW/03/25/schiavo/index.html
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ima_sinnic Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 11:51 PM
Response to Reply #50
51. oh, St. Jeb!, we beseech thee, lay thy hands on Terri's brow
and drive out those demons that have only temporarily liquefied her brain, that she might wake up, leap from her bed, and try once again to conquer her eating disorder.
In the name of Jeebus and his holy servant Jeb!, we thank thee, amen.
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ourbluenation Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:28 PM
Response to Original message
37. Oh my god - my head is spinning...
I can't take it anymore!!!!
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benburch Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:15 PM
Response to Original message
48. So, I hope nobody thinks me ghoulish...
but how much longer might this last?
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liberal43110 Donating Member (687 posts) Send PM | Profile | Ignore Sat Mar-26-05 08:13 AM
Response to Original message
52. Schindler's appeal rejected AGAIN early Sat. morning
http://news.yahoo.com/news?tmpl=story&u=/ap/20050326/ap_on_re_us/brain_damaged_woman

After a federal appeals court panel rebuffed them yet again, Terri Schiavo's parents made another desperate attempt to keep their brain-damaged daughter alive, telling a judge that she tried to say "I want to live" just minutes before her feeding tube was removed a week ago.
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rooboy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-05 08:13 AM
Response to Reply #52
53. ...also allegedly claimed to understand Bush's Social Security plan. n/t
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-05 08:13 AM
Response to Reply #52
54. when is enough, enough?
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RPM Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-05 09:17 AM
Response to Original message
56. At what point is this frivolous litigation????
So they can be sanctioned...
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Moderator DU Moderator Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-05 10:38 AM
Response to Original message
57. locking
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