So, I just heard that Terri's parents are asking for a full hearing

[Bunny]

in front of the 11th Circuit Court of Appeals. Isn't this just wasting time? If it has to go to the Supreme Court anyway, aren't they just delaying the process? Or do they already fear that SCOTUS will turn them down, and then there will be nowhere else for them to turn?

Edited to include a link:

http://story.news.yahoo.com/news?tmpl=story&cid=514&e=1&u=/ap/20050323/ap_on_re_us/brain_damaged_woman

[Cuban_Liberal]

1. A practical decision on their part.

They are simply giving themselves legal leeway by asking for both an en banc hearing before the 11th Circuit Court of Appeals and the SCOTUS.

[goodboy]

2. scotus already said they wouldn't hear the case. and the full court

of appeals will never overturn the prior decision(s)...so it's moot.

Only thing left to do now is an elian gonzalez move.

[Cuban_Liberal]

4. The SCOTUS hasn't ruled.

They ruled on the case brought under the Florida statute, but have not yet ruled on the case brought under the federal statute.

[Baconfoot]

24. I hope they take the case&rule on the basis of unconstitutionality...

I hope they take the case and rule on the basis of unconstitutionality of the federal Terri's law. I was a bit disappointed in the original set of decisions here because I feel they reached the right result for the wrong reason. Despite the language in the comprimise bill having been tailored to avoid mandating that the courts order the reinsertion of the feeding tube, the dissent on the appeals court is correct that it was the clear intent of congress that they hear the case from the beginning, which would require the granting of the order.

The decisions feel like cop outs. This federal law is even worse than the 15 day power to order the reinsertion of a feeding tube Florida law and I think its unconstitutionality NEEDS to be addressed by the courts, lest these jerks try this again.

[grumpy old fart]

5. National Guard Time?

Oh that's right, they're all busy on their third tour of duty in Iraq....

[Walt Starr]

9. Sorry, but executive action via law enforcement would NOT be

an "Elian Gonzales" moment and is not even remotely comparable. The Elian Gonzales incident was a case of the Executive branch enforcing a ruling of the Judicial Branch. In this case, it would be the Executive Branch countermanding an order of the Judiciary.

[goodboy]

12. would they be comparable as abuses of power then?

[Walt Starr]

20. No, as the Elian Gozales move was NOT an abuse of power

It was an enforcement of the law.

Sending in state troopers in this case WOULD be an abuse of power.

[Cuban_Liberal]

21. We're in complete agreement.

:thumbsup:

[goodboy]

18. one other thought, when I drew the comparison between this and the

elian gonzalez thing, it was in relation to the recent freeper types calling for police or military intervention in this matter. nothing more...I guess I should have been more clear. Sorry.

[Richardo]

3. SC has already turned it back twice...

Since the lower courts have been so consistent, it's unlikely they will relent this time.

But hey, what do I know? They proved in 2000 that state courts mean jack to them.

[grumpy old fart]

6. Bush v. Gore was a bad precedent....

but as you may recall, they stated in that opinion that their ruling was Sui generis(limited to that particular case)giving it no precidential value. Might Scalia try to push that scam again????

[Jersey Devil]

7. en banc hearing request had a 10 am deadline (edited)

The 11th circuit opinion gave them until 10 am this morning to request an en banc hearing before the 11th circuit.

edit - Sorry, I was wrong about needing to request an en banc hearing before applying for certiorari. You CAN request certiorari without an en banc request. I misread the footnote in the opinion.

[Cuban_Liberal]

8. FRCP Rule ______ ...

I don't have my book here, or I could give you the rule. :)

[Jersey Devil]

11. It is also stated in footnote 6 of the opinion of the 11th circuit

along with the court rule(s) and a deadline of 10 am today

http://news.findlaw.com/legalnews/lit/schiavo/index.html

[Bunny]

10. Okay, thanks.

I'm not familiar with the legal requirements - that helps. Do you see the 11th Circuit giving their response fairly quickly?

[Jersey Devil]

15. That should come almost immediately since they are long prepared for it

I would think that they will get an answer to their en banc hearing request this afternoon. If the request is granted it could delay any appeal to the Supreme Court by another day or two.

[Bunny]

16. And that would put us at Friday, which is Good Friday.

Would SCOTUS hear the case over the Easter holiday? She's fast approaching the end, would they agree to expedite their ruling?

[Jersey Devil]

22. all courts will expedite, but it gets more and more complicated

If the 11th circuit grants an en banc hearing there may be oral argument, new briefs, 9 judges (I think) asking questions, more copies, more opinions, all taking time.

Same if not more for the Supremes.

So far the courts have done everything physically possible to speed the case up and I don't think it is humanly possible to do any more.

[Tippy]

13. You know this is all so sad

Do you think the Republicans even gave a thought to how much their interfearing would harm and hurt Terri's family..they had to know this was a no brainer from the start...They gave these folks false hope...

Less than a month ago my sister passed away...I won't go into all the medical reasons but when the end was close she told the DR's no feeding tube..My two brothers and myself didn't want to lose her either and we haggled over talking her into using the feeding tube...to giver her a little more time...but she was in pain and we didn't want to see her suffer either so we let her decision stand..Thank God she is at peace now, we will miss her forever but it was the right thing to do....

All I can say is I am glad their daughter is in no pain...

Now getting back to the false hope I pray for this family, for no one should have done this to them...let alone a bunch of mean spirited politicians with an agenda.

[Bunny]

17. It is sad, sorry about your sister.

Sounds like you did the right thing, and abided by her wishes. She's at peace now.

[northzax]

26. true. This will never be reversed.

it would take an act of congress, and that's never...oh wait. anyway, the courts won't play.

So instead of Ms. Schiavo's family surrounding her in her final days, giving her love, they are in court. I'm sure that is what she would have wanted.

[jdots]

14. the tabloids and fake news are making a bundle.

anyone smell book deals,maybe a Mel Gibson movie with some Country Music,flag waving,shit maybe a series with a spin off.These parasites give prostitutes a bad name.
Meanwhile back in the desert kill kill kill,back at home the rich get richer and the people sit infront of the tube and get entertained to death.

[underpants]

19. Jury shopping Jury shopping Jury shopping Jury shopping Jury shopping

Jury shopping Jury shopping Jury shopping Jury shopping Jury shopping

[Vinca]

23. At this point, I don't care what they do. I don't care if she lives or

dies, I don't care if they live or die, just go away. I heard the son on some news broadcast saying they wanted the case reheard to determine if Terri can be rehabilitated. What the hell have they been doing for the past 15 years if they're just starting to think about rehabilitation? The tape they keep running shows obvious contractures of her hands. Maybe while they were there playing peek-a-boo they should have done some ROM exercises and attempted to get her to swallow. This circus has run its freakin' course.

[goodhue]

25. probably figure chances of hearing are better.

The panel was split 2-1, so the 11th circuit may very well be willing to hear case en banc. SCOTUS will indeed likely turn them done, so this move makes sense on their part, although their case is still a looser.