U.S. District Court Judge James Whittemore has denied the Schindler family's request to reinsert Terri Schiavo's feeding tube. The family has appealed the decision to the 11th U.S. Circuit Court of Appeals, another court that has in the past turned down requests to save Terri. At about 1:45 this afternoon it will be seven days since her feeding tube was removed. Family members report that she is showing signs of severe dehydration. See the Yahoo News report here.
In spite of the efforts of Congress to secure a review of the facts of Terri's case by a Federal court, this has still not happened. All of these appeals have ruled on the process alone, and not on the actual facts of the case (that she is PVS, that she had expressed a wish to die) as they were originally established by Judge Greer. We hear much about about how many judges have ruled on this, but only one judge has ever ruled on these facts. How is it, that even after the dramatic move by Congress on Palm Sunday, this poor woman has never had a lawyer and never had an opportunity to have even a second judge render a judgement on the "facts" that have condemned her to death?
UPDATE: The 11th Circuit Court has denied the Schindlers' appeal.
UPDATE Saturday 12:13 pm: Judge Greer has denied the Schindlers' request to insert a feeding tube or at least an IV for hydration while new information is considered, including a Schindler Attorney's claim that Terri tried to say "I want to live," when prompted to do so on March 18th. You can read that attorney's account of that event here.
What you are saying is simply not the case. The Second District Court of Apeals of the State of Florida actually did rule on both of the matters of fact that you say have never been adjudicated by other than Judge Greer. Here is an excerpt of that judgment from 2001:
"The evidence is overwhelming that Theresa is in a permanent or persistent vegetative state. It is important to understand that a persistent vegetative state is not simply a coma. She is not asleep. She has cycles of apparent wakefulness and apparent sleep without any cognition or awareness. As she breathes, she often makes moaning sounds. Theresa has severe contractures of her hands, elbows, knees, and feet.Over the span of this last decade, Theresa's brain has deteriorated because of the lack of oxygen it suffered at the time of the heart attack.
(snip)
By mid 1996, the CAT scans of her brain showed a severely abnormal structure. At this point, much of her cerebral cortex is simply gone and has been replaced by cerebral spinal fluid. Medicine cannot cure this condition. Unless an act of God, a true miracle, were to recreate her brain, Theresa will always remain in an unconscious, reflexive state,totally dependent upon others to feed her and care for her most private needs. She could remain in this state for many years.
(snip)
"In the final analysis, the difficult question that faced the trial court was whether Theresa Marie Schindler Schiavo, not after a few weeks in a coma, but after ten years in a persistent vegetative state that has robbed her of most of her cerebrum and all but the most instinctive of neurological functions, with no hope of a medical cure but with sufficient money and strength of body to live indefinitely, would choose to continue the constant nursing care and the supporting tubes in hopes that a miracle would somehow recreate her missing brain tissue, or whether she would wish to permit a natural death process to take its course and for her family members and loved ones to be free to continue their lives. After due consideration, we conclude that the trial judge had clear and convincing evidence to answer this question as he did."
(end of quote)
It is perfectly understandable if one disagrees with the findings of the court, but it is simply not true that only the process has been addressed on appeal. Not only did the appeals court agree with Judge Greer's interpretation of the facts, they did so with the words "clear and convincing" which is the highest standard of legal proof that one can offer.
Posted by: Public Theologian | March 25, 2005 at 04:27 PM
Your blog title proclaims that it applies the scripture to every sphere of life. Regarding Terri’s situation we see Christians who are attacking the courts and her husband as murderers. We see liberals who are trying to portray Christians as taking advantage of this situation to further the right to life issue and to energize the Republican base. But what I really haven’t seen is the scripture applied to this sphere of life!
According to the scripture if Terri is truly saved, as her parents and family say, than: “O death, where is thy sting? O grave, where is thy victory?” 1 Corinthians 15:55 All throughout our heritage Christians have been put to death by governments and while it is definitely not right, and I am not saying that we should not fight to change it, especially in America where we are able to, but Jesus said that it would happen! What we should be doing right now is using the Word of God to comfort people on Who God is and what we have when we move on from this earth! Paul desired to leave, for to be absent from the body is to be present with Christ! We all enter the Kingdom with much suffering and tribulation, some of us with much more than others. We are not of this world and if God allows us to suffer, we welcome it because we know that His Kingdom, our Kingdom, will be furthered by it! Death for us is nothing and if they tortured our Savior, what should we expect? We need to share the power of our Lord and Savior that is now within us. We need to pray for those who despitefully use us and bless them that curse us! We need to come together in the peace and power of the Word and not in fear of what this means to Terri and for us if she is allowed by the Courts to die! Through Christ we are more than conquerors and greater is He that is now within us than he that is in the world. The weapons of our warfare are not the courts and politicians. The weapons of our warfare are spiritual and the Word of God is our sword, and they are mighty to the bringing down of strongholds!
We all know what is being reported from both sides. But with our blogs we have such a great opportunity to share God’s Word and not just reissue what is happening and say we disagree and are frustrated! The Kingdom of Heaven is at hand! Be blessed and God’s will be done!
Posted by: brad | March 26, 2005 at 08:19 AM
Why doesn't someone charge the husband with adultry against terri.This would be a crime against her and give the state the right to interseed.
Posted by: Gina | March 27, 2005 at 11:42 AM