AP reports: A federal appeals court early Wednesday agreed to consider a petition for a new hearing on whether to reconnect Terri Schiavo’s feeding tube. After so many Court denial Terri Schiavo’s family finally received a Court victory; however, it could be too late.
The ruling by the 11th Circuit Court of Appeals came as the severely brain-damaged woman entered her 13th day without nourishment.
This gives the family some hope, but time is of the essence.
More details on the decision here.
In seeking a new hearing late Tuesday, attorneys for Schiavo’s parents argued that the District Court “committed plain error when it reviewed only the state court case and outcome history.”
Now, the court will consider the request for a new hearing based on the facts of the case, rather than whether previous Florida court rulings have met legal standards under state law.
There was no time frame for the court to consider the motion, but the Schindler’s attorneys asked to have the tube reinserted immediately “in light of the magnitude of what is at stake and the urgency of the action required.”
Hmm … “Now, the court will consider the request for a new hearing based on the facts of the case”. What a novel concept, isn’t this what was supposed to occur when th US Congress got involved and sent the case back to the Federal Judge, James D. Whittemore to review the facts of the case and not just review by the law and rulings that had preceded him?
We have heard on the TV news outlets about the Terri Schiavo case in Florida. From all sides of the political spectrum people have taken a position and a stand. The issue of whether Terri’s family has the right to take care of her vs. Michael Schiavo’s spousal rights have been at the forefront of this battle. It has become a MSM 24-7 news story.
However, have any of you heard of Lester Nichols and his parents, Lorette and Robert Nichols of Nashua, NH? Much like Terri Schiavo and her family the Nichols family finds itself in the same position dealing with a son who in 1978 was involved in a motorcycle accident that left Lester “lacking brain function, according to court documents.”
But, in an echo of the Terri Schiavo case that has riveted the nation, his mother says he does communicate.
“He’s responsive with his eyes,” Lorette Nichols told The Telegraph of Nashua. “When I come in the room he’ll blink twice to say hello, and when I say we’re leaving, he’ll give us two blinks to say goodnight.”
The parents wanted to move their son closer to them so that they could visit him more often in their later years. In a familiar but different twist in this case, the man’s wife or ex-wife is not his legal guardian.
But the couple, both 81, can’t act because they are not his legal guardians. His wife was, but she gave it up when she divorced him in 2003. The woman, who has remarried and lives in Massachusetts, declined to comment on her ex-husband’s situation.
Ultimately, the state Office of Public Guardian became his guardian, according to court documents.
In what appears to be a case of de ja vous, the parents are looking to gain more control of their sons health care and eventually make their daughter Lester’s guardian. This situation that we see ever day with regards to Terri Schiavo more often than you think. However, in this particular case the spouse stepped away, divorced the son and left the care in the hands of the parents. Interesting how things look when the spouse does the right thing. Michael Schiavo could take some notes and learn something.
However, we do see a similar action done by the ex-wife that parallels Michael Schiavo’s actions in considering other aspects rather than the welfare of the patient.
At about the same time, a hospital social worker informed them that the ex-wife had asked to have Nichols’ $1,900 monthly Social Security disability payments paid to the couple’s children. The family opposes the move, calling it “nothing less than the pilfering of Nichols’ current and future assets, thus placing his future housing, health, welfare, standard of care and quality of life at great risk.”
Clear and convincing evidence is the standard in these cases. Seems pretty clear to most of us who cares for the welfare of these patients.
The Terri Schiavo story has been front and center for the better part of a month. The 15 year legal battle has endured. We have watched Terri’s parents recently try in vane to keep her alive and have a feeding tube reattached. However, motion after appeal after motion after appeal has been denied by all Courts. Whether you agree with the Schindler’s Family or with Michael Schiavo’s position that are certain things that should be considered off base by all sides.
It would appear that Northeast Liberals do not seem to agree. The liberal Northeast prides itself on being so intellectually superior than the rest of the illiterate Red States. Here is a perfect example of the over the top, rotten vitriol that is considered a badge of honor in the Great White North. What is most interesting from this brilliant author is the need to add a disclaimer prior to his Op/Ed for legal protection one would presume. Chris Elliott is a regular Op/Ed columnist for New Hampshire’s Portsmouth Herald, which speaks volumes of the political and moral discourse of the area. It would appear that all The Northeast has the market on is insensitivity and hate.
As previously stated whether you agree or disagree with the Right to Life or Death of Terri Schiavo somethings are beyond comment and attempted humor. This is one of those things.
After having read court documents, AP articles and news stories from numerous media outlets I am saddened and stunned to point out the following excerpts from this. Of course in true liberal 101 format it must begin with a typical attack on President Bush and go from there.
“But it’s important to remind ourselves that anyone can accomplish anything in America. If an illiterate nincompoop can get elected president one and a half times, and the King of Pop can show up to court in his pajamas and blame it on a bruised lung, then a person in a persistent vegetative state could have a great career in show business.”
“I propose setting it up in classic late-night talk show format. If investors are worried about long pauses, how about a sidekick ventriloquist dummy playing the role of Ed McMahon? I think one would prop up nicely on an atrophied arm, and lines could be delivered from sidestage.”
“With that enigmatic smile making her the ultimate straight man, she’s a gag writer’s dream, “Terri said to me, I haven’t had a bite all week … so I shoved a tube in her side!” Follow the joke with a long shot at the dreamy smile as the audience chuckles politely. “Terri’s guest tonight is a plate of cucumber salad. I’ll tell you what folks, unless that salad can stay fresh for 15 years, it’s in for a tough debate!”
“What’s that you say? Hey, that’s not nice, saying that if Ronald Reagan were still alive, he’d have Terri classified as a condiment.” Again a long shot at the dreamy smile.”
“Did you see that Terri?” the dummy says. “The cucumber salad moved. You missed it. There, it just moved again.”
“Now let’s hear from our orchestra,” the ventriloquist dummy says, “a boom box behind a cardboard cutout of Buddy Rich!” The “band” plays an up-tempo version of “I Like the Way you Move” by Outkast. ”
“Cut to commercial and listen to the cash register ring. You could have the new and improved Ronco Feeding Tube System as one of your sponsors.”
“Act now and you’ll also receive a shiny metal balloon inscribed with the inspirational message, “Get well soon.”
This is what the Left is proud of. This sad unfortunate situation which they consider a joke at the expense of a woman in a vegetative state. The Left has been trying to gain a victory over republicans since 2000 and it appears that they have found one they can be proud of to call their very own. If you feel so confident Mr Elliott about this Republican misstep maybe you would also like to explain why the entire Democratic Party in the US Senate dodged the issue?
Discretion is supposed to be used in delicate circumstances and any intelligent individual would think that this would be the opportunity. All but Chris Elliott, I guess.
More ugliness found by OTB
When the Schiavo situation appears grim, we must look for the silver lining. On Easter Sunday the Holiest of all days Terri Schiavo was given communion.
The Rev. Thaddeus Malanowski said he gave Schiavo wine but could not give her a fleck of communion bread because her tongue was dry. He also administered the last rites, annointing her with holy oil and giving a blessing. Schiavo last received both sacraments on March 18, just before her feeding tube was removed.
This comes as a surprise as on Saturday” George Felos, an attorney for Schiavo’s husband, Michael, argued Saturday that her condition is not yet that grave.” It would seem that the Michael Schiavo camp would not be stating fact as Terri was unable to receive communion wafer as her tongue was too dry.
Just the day before Michael Schiavo denied this sacrament to Terri but has seemed to have changed his mind due to the pressure and the emotional nature that this case has taken.
“People are getting emotional,” said the Rev. Patrick Mahoney of the Washington-based Christian Defense Coalition. “A woman is starving to death, but we want to focus on Terri, not on us.” Mahoney said he planned to ask congressional leaders Monday to act to keep Schiavo alive.
My personal fear is that this situation has not even come close yet to being emotional.
Terri Schiavo’s appeal was denied 2-1 this morning by the 11th U.S. Circuit Court of Appeals. The appeals left to the family are to the full panel of the 11th US Circuit and to the Supreme Court.
Here are some more points of view regarding Terri’s struggle for life from Lorie at PoliPundit.
And a nice summary of events from the Captain.
And some really insightful comment from Charles Krauthammer.
UPDATE (4:10 EDT) COURT REJECTS PARENTS REQUEST AGAIN
Here is a Summary of Today’s events. Always keep the Faith.