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Schindlers go to the 11th Circuit Court of appeals,...AGAIN

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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:48 AM
Original message
Schindlers go to the 11th Circuit Court of appeals,...AGAIN
http://news.yahoo.com/news?tmpl=story&e=1&u=/ap/20050325/ap_on_re_us/brain_damaged_woman&sid=84439559

I expect them to lose,...AGAIN.

We are in a persistenet adjudicative state.
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goodboy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:49 AM
Response to Original message
1. HA! Walt...You Da Man..Persistive Adjudicative State....HAHAHA...
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mopaul Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:49 AM
Response to Original message
2. beating a dead horse so to speak
5 times they've turned it down
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havocmom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:50 AM
Response to Original message
3. When does some judge finally find them in contempt of court?
maybe we could start a DU pool?
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POAS Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:52 AM
Response to Reply #3
5. Damned activist liberal lawyers and their frivilous lawsuits.
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KharmaTrain Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:05 AM
Response to Reply #5
12. Thank You!!!
Next time we hear some goon like Novakula spew about "evil trial lawyers", he needs to be reminded of the "hard work" the Schindler's team has done in serving their client's interests against a repressive government. I'd love to see him or some other hypocrite try to spin their way out of that.

Next, we go to states rights and how all of a sudden that means nothing when it comes to selfishness and power.

The list of hypocrisies this issue brings out about the Repugnicans, and specifically the right wing is being shown for all to see, and hopefully many are taking close notes.
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RubyDuby in GA Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:51 AM
Response to Original message
4. What the hell is the matter with these people?
CNN is already out there. At least today is a beautiful day. If the fundies show up with their stupid red tape today, I'll head on out there.

This is beyond ridiculous. This is just plain stupid.
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:54 AM
Response to Reply #4
7. Well if they totally luck out and get the two judges who did not vote to
deny it the last time on the three judge panel, they could get the tube reinserted.
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Bunny Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:08 AM
Response to Reply #7
14. I heard Alan Dershowitz say that if that scenario happened,
the full court(en banc?) would almost certainly immediately overturn that ruling. So, that's encouraging.
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:29 AM
Response to Reply #14
23. Tough to do
Edited on Fri Mar-25-05 10:29 AM by Walt Starr
Once an order to reinsert comes down, they'll have her in a hospital and the tube back in so fast it'll make the 11th Circuit Court of Appeals heads spin.

That's what happened the last time and it took more than two years to get the tube back out again.
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Bunny Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:32 AM
Response to Reply #23
24. Maybe so, but the way he described it, I thought they would
reverse it within minutes, as in immediately.
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:37 AM
Response to Reply #24
25. Timing is everything
and we are into the Holy Weekend. I don't think they could get an en banc decision out immediately and there will almost certainly be medical professionals readay to reinsert immediately.
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HamstersFromHell Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:43 AM
Response to Reply #4
26. RubyDuby, at the risk of being tasteless...
How about a sign for today asking how many times you can beat a dead horse with a feeding tube for a whip?

I hadda say it.


:evilgrin:
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kbm8170 Donating Member (85 posts) Send PM | Profile | Ignore Fri Mar-25-05 09:52 AM
Response to Original message
6. Some court needs to rule with prejudice
Doesn't that prevent the issue from being presented all over again?

On the other hand, the longer this continues, the more outraged Americans get with Congress and the Prez for heaping all this extra grief and suffering onto the parties involved.

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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:46 AM
Response to Reply #6
27. What they need to do is sanction the lawyers
Edited on Fri Mar-25-05 10:46 AM by depakid
first with major $$$, then with contempt.
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Inland Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:54 AM
Response to Original message
8. Well, every time they go to the state court with a petition based on new
evidence, and its denied, they get to go to the fed ct for a review pursuant to the law passed by Congress last sunday.

Didn't consider this until now.
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:18 AM
Response to Reply #8
20. The Republicans GUARANTEED that the last few days of Terri Shiavo
would be a persistent adjudicative state.
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Inland Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 12:34 PM
Response to Reply #20
30. There is a balance between
wanting everything heard and finality.

The republicans wanted more hearings, and less finality.

That's exactly what they got.

It's the wrong balance. Even I, a person opposed to the death penalty, realize that sooner or later the judicial process comes to an end, and that permanent hearings can't be used to delay forever enforcement of the law that's written. A lot of fundies hoped for that result.
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MadHound Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 09:55 AM
Response to Original message
9. It is time for the Schindlers to give it up
Their daughter is passing on after a long battle. It is time for them to act like the caring family they claim to be, to be present in her last hours, to put aside this pointless strife, reconciliate with all of those who are close to Terry, and comfort her in her final days. This pointless running from court to court simply shows that they aren't putting Terry's interests first, but their own.
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janx Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:09 AM
Response to Reply #9
15. This is just the beginning. It's not about them
anymore. They have the whole fundie movement behind them. I would not be surprised to see this go on to other cases at some point.
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:15 AM
Response to Reply #15
19. How many families have a fundie in them?
Seriously, no matter what the person does to express their wishes in severe medical events, if there is just one fundie family member anywhere, it can and will be dragged into the courts and will be presented incessently.
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janx Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:46 AM
Response to Reply #19
28. Exactly. If the politicians keep pandering to the fundies,
this will continue. It was the fundies who were credited for winning the last election, remember. They have...political capital...to spend.
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bluedog Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:01 AM
Response to Original message
10. when is enough ..enough
this is getting down right stupid and a waste our tax dollars.........the parents should be with her now and stop parading in front of the media......our local says the only time the protesters come out is when they see the media lights go on and the bible thumpers are on the bullhorns.
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connecticut yankee Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:03 AM
Response to Original message
11. The Schindlers are in a complete state of denial
Edited on Fri Mar-25-05 10:06 AM by connecticut yankee
I heard an interview with her brother in which he said the family just wants to be able to wheel her out in the sunshine and take her to a movie.

They just won't accept the fact that she's been as good as dead for fifteen years, with no hope of recovery. Every doctor (with the exception of "Dr." Frist) has confirmed this.

I also heard a link to a recording of her father speaking to her. They insisted she was saying "Hi." I heard five minutes of moaning, with no change in volume or inflection.

It's really so sad. The worst thing that can happen to someone is to lose a child. But they lost her fifteen years ago.

edited for spelling
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POAS Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:07 AM
Response to Reply #11
13. complete state of denial.......aka Florida n/t
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kbm8170 Donating Member (85 posts) Send PM | Profile | Ignore Fri Mar-25-05 10:11 AM
Response to Reply #11
16. OMG
You mean they really want to just put her on a flatbed truck like that monument of the Ray Moore Ten Commandments, and take her around the country for people to gawk at?
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:13 AM
Response to Reply #11
18. I honestly believe they are playing the odds
because they don't need much of a "miracle". All they need are the two who dissented in the en banc decision from a couple of days ago. All they need is for Wilson and Tjoflat to be on the three judge panel and they have a VERY GOOD SHOT at the tube being ordered back in.
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SF Bay Area Dem Donating Member (394 posts) Send PM | Profile | Ignore Fri Mar-25-05 10:12 AM
Response to Original message
17. As a parent I cannot blame them for trying...
I sympathize with the Schindlers... I cannot say that I blame them.

I do blame the Conservative nut-cases for turning the tragic event into a 3-ring circus for their own political gain. It is disgusting.
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mtnsnake Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:19 AM
Response to Reply #17
21. It's the extremist right wing religious nuts who are ruining this country
because everyone's letting them get away with making a mockery of situations like this one, and they have George W Chimp-faced Bush at the top of the list leading the way for them.

I, too, sympathize with the Schindlers, and they have a perfect right to fight for what they think is right, but it's the small segment of religious fanatics who are interjecting themselves where they don't belong and they're trying to be the final spokesmen in all of this.

Let this lady die in peace for Christs sake.
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:46 AM
Response to Reply #17
29. As a parent I blame the shit out of them.
Parenthood gives no one the right to supercede the rights of their adulty child, or to slander their son in law.
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Ganja Ninja Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-05 10:22 AM
Response to Original message
22. The judge should delay giving them a ruling.
I'm surprised they haven't just sat on one of these appeals to keep the Shindlers from coming back again and again.
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