PDF copy of Judge Whittemore’s ruling.
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There are a few points I want to touch on today.
It should be understood that Congress has the authority to remove jurisdiction of cases from state courts to federal courts. Article III of the U.S. Constitution gives the legislature the power to do so. (Also see discussion of Removal From State Court to Federal Court for further details)
[Note: From the Washington Post (reg. req): "Article Three of the Constitution gives Congress the authority to send a case to federal courts, particularly if a person's constitutional rights have been violated. But it is not clear that Congress can dictate guardianship rules to states. "I don't think any power Congress has under the commerce clause or other powers gives them the authority to make federal guardianship laws," said Mary Cheh, a law professor at George Washington University."]
As in all such exercises of government power, the constitutionality of such a move in this case is a legitimate concern. But extraordinary circumstances require extraordinary measures.
When it comes to homosexual “marriage” or starving Terri Schiavo, liberals pontificate about respect for the “rule of law.” But it was disregard for the rule of law that enabled the Supreme Court to fashion a right to privacy to kill unborn babies out of the “penumbra” of the Constitution. However ironic it is, it’s irrelevant. Political motives of conservatives or liberals are of little importance in this case. The point is to keep Terri alive, at least until more tests can be done to determine the true extent of her condition.
The rule of law is a very important concept in a democracy, and I have the utmost respect for it. Without it, there’d be inconsistency, chaos. There’d be no standard on which to rely. While it’s true that Judge Greer, the trier of fact in the case, found that Terri was in a permanent vegetative state (PVS), the evidence on which he relied is flawed or at least insufficient enough to warrant a new hearing. Because appellate courts are reluctant to overturn trial court decisions, these courts have consistently ruled against the Schindlers.
Despite Judge Greer’s determination that Terri is PVS, there are a few things to consider: 1) Although doctors have determined that she is PVS, other doctors disagree. Terri is a living, breathing human being who responds at times to outside stimuli, evidence of higher brain function. More tests would determine the nature of the brain function; 2) Terri is not brain dead or terminally ill or being kept alive by extraordinary means. She is severely brain damage. She is not on life support and doesn’t require a respirator to breath. Terri does require sustenance to live, however, just like the rest of us. The removal of the feeding tube will lead to her death by the most unnatural of causes.
These are the bare bone facts that should be taken into account. For background research, I re-read relevant sections of the Constitution and several articles, including one by Rev. Robert Johansen in National Review. He explains that PVS is a difficult diagnosis to make without extensive testing and spending a prolonged period of time with the patient. Johansen said that Terri’s diagnosis was arrived at without the benefit of standard testing used to diagnose PVS.
Terri has never had a Magnetic Resonance Imaging (MRI) test, which would provide more detailed information about her brain. The neurologists Johansen spoke to were shocked that this standard test had not been administered to a patient whose life is at stake. The test that was performed on Terri is called Computer-Aided Tomography (CT), which neurologist Dr. Peter Morin, a research specialist in degenerative brain diseases, said provided only a tenth of the information that an MRI does. Johansen also goes into some detail about the biases of the expert medical witness, Dr. Ronald Cranford. Johansen concludes:
The whole history of Terri’s case over the past few years can be summed up as the efforts of the Schindlers, and those who value Terri’s life, to try to introduce additional information before the courts and other authorities. Some of this information consists of facts and arguments that were ignored or dismissed without adequate consideration; some has been the result of advances in the diagnosis and treatment of brain injuries over the last five years. On the side of Michael Schiavo, George Felos, and Judge Greer, their efforts have consisted almost entirely in trying to prevent any new information from being presented or considered.These facts alone are more than enough to permit a review of Terri’s case.
The fervent determination of Michael Schiavo to have Terri’s feeding tube removed is suspicious. Refusing to allow Terri to receive physical therapy (doctors have noted that her condition can improve with proper therapy) and further testing also damages his credibility. THIS CASE DESERVES ANOTHER LOOK. All Congress did was allow Terri’s case to be heard in federal court. Judge James Whittemore may concur with Judge Greer. If he does, what happens after that is obvious. Terri will starve to death.
Despite liberals’ lament that the rule of law is being trampled on, an unjust law is no law at all. A law that deprives the innocent of life should be no more enforceable than one legalizing human bondage.
As always, I will provide an after-action report of the MSNBC segment. (Any typos will be corrected at that time.)
Update (8:24 a.m.): Judge Whittemore has refused to order reinsertion of Terri’s feeding tube. In that regard, today’s discussion will be largely academic.
Also, the segment has been moved up to 9:30 a.m.
Update II (10:20 a.m.): As usual, these things last just long enough for a sound bite or two. The producers moved up the segment, so we had less time to prepare. I arrived at the building around 9:00 a.m. I recognized Matt Yglesias and introduced myself. We waited in the lobby for about five minutes because although we had a 9:30 segment, there was no receptionist to let us in. I banged on the door and we both tried to look up a number to call. Finally, the makeup lady arrived, let us in and got started on our faces right away.
We were so pushed for time at this point that she had to finish my make-up while I was “strapped” in the studio chair. It was kind of funny. I wanted to go over my notes but didn’t have time, and it turned out to be unnecessary anyway.
Matt is a nice guy. Meeting people in the flesh is always different than what you expect. We’re just human beings who think and feel differently about certain issues. The Terri Schiavo case is highly politicized, and I believe reasonable people can discuss the matter without resorting to name-calling. I appreciate face-to-face meetings a lot more than online communication.
As you know, the federal judge refused to order the feeding tube reinserted. Judge Whittemore said, “The court is constrained to apply the law to the issues before it, as plaintiffs have not established a substantial likelihood of the success of the merits of their case.” Because the Schindler’s were defeated so many times, and as long as courts defer to Judge Greer’s rulings, Whittemore is correct.
Where do the Schindler’s go from here? To the 11th Circuit Court of Appeals. It’s likely they will be defeated there as well.
Others blogging: Michelle Malkin, Michael King, Captain Ed, Oh How I Love Jesus, Pajama Hadin, Outside the Beltway, Wesley Blog, Back of the Envelope, The Classical Child, JackLewis.net, L’Ombre de l’Olivier, Hennessy’s View, Hugh Hewitt, Wizbang (and here), Polipundit, Reformed Politics, Different River, Blogical Conclusions, WILLisms.com, The Things We Say But Don’t Do…
Terri Schiavo’s only crime is that she has become an inconvenience — and is caught in the merciless machinery of the law. Those who think law is the answer to our problems need to face the reality that law is a crude and blunt instrument.Make no mistake about it, Terri Schiavo is being killed. She is not being “allowed to die.”
She is not like someone whose breathing, blood circulation, kidney function, or other vital work of the body is being performed by machines. What she is getting by machine is what all of us get otherwise every day — food and water. Depriving any of us of food and water would kill us just as surely, and just as agonizingly, as it is killing Terri Schiavo.
Opponents of federal intervention cry “hypocrisy” because conservatives pushing for a federal court review claim to support states rights on issues such as abortion and same-sex marriage and think these matters should be left to the states under the 10th Amendment.But the hypocrisy label can be turned around. Didn’t liberals reject states rights when it came to civil rights for African-Americans four decades ago, and didn’t they make federal cases out of such things as integrated restrooms and universities? They supported sending federal troops to force integration on unwilling states. They were right to do so then, and conservatives are right to ask the federal government to intervene when a Florida judge has, in effect, ordered the murder of Terri Schiavo by denying her food and water.
Then, as now, when an individual’s civil and constitutional rights are denied by a state, there are instances when federal action is required. This is such an instance.
I doubt that I’ll ever be able to understand, much less relate to, the sympathies of certain people. Generally speaking, they seem to feel more compassion for wildlife than animals, more for animals than human beings, more for guilty human beings than innocent ones, more for Communist dictators and tyrannical thugs than freedom fighters, and more for the vindication of an abstract principle devaluing human life than for an actual human being like Terri Schiavo, who, though severely disabled, may truly want to live.
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According to the USA Today website, Whittemore has ruled against reinsertion of Terri Schiavo’s feeding tube.
If Michael Schiavo were an honorable man, years ago he would have divorced her and allowed her parents to continue as her guardians. Here’s the damage one dishonorable man can do.
On a separate subejct, great job on Connected, La Shawn!
Very well put La Shawn. Sorry I missed you this morning
I hope someone taped it.
Fausta,
Great observation on what ONE dishonerable man could do. For some reason I am reminded of one, prominent ,dishonest man who has now made adultery “chic”.
I repeated the same meme, about Terri never having an MRI. She has had one, back in 1990.
I know this is the season of Lent, but lets see, there is/has been a push to free Mumia Abu-Jamal, and now a push to end Terri’s life.
Sound familiar?
I hope I’m not reading too much into this case but it seems to me that her husband has gone out his way to block medical treatment that might have made her better or at least determine what really happen to her. A loving husband would try everything he could to get her better, I hope this doesn’t turn out to be another sick story of a spouse who has killed or in this case (attempted) to kill a spouse in order that they could now share their “love” with someone else.
Probably the best post you ever wrote
Leave it alone, a Judge has ruled. The Government had no right to rush to pass a mid-night law. What next, no condoms, no birth control, right to life. That is the Christian right along with George pushing this.
I hope the husband wins this, for everyone’s sake.
Yes we all have opinions, I have mine, you have yours, did we need the Government to help us with our opinions, our thought processes, no, we speak out, that is how it should be. I will not be forwarding this to Washington to let them screen my opinion first, I can screen myself.
My understanding is that Michael Schiavo had very aggressive treatment for Terri during the first four years of her condition until it became long past clear she’d never recover. Included in that treatment, according to a report on Fox Special Report last night, was some sort of device being implanted in her brain that subsequently made MRIs/CAT scans and such unworkable.
It seems to me that this is a situation of a person with a mental handicap.
On a sliding scale…at what point is the life of a mentally handicapped person to be rendered worthless by someone else?
And just who has the right to make that determination?
Some on the left would declare that if we do not agree with them, then we are mentally handicapped!
La Shawn looks great.
For the first time, I am embarrassed to say that I am a conservative Republican. Ronald Reagan has to be turning over in his grave over this massive abuse of power. While I can understand the GOP right’s wanting to appear that they bow to erring on the side of life in every case, we have already determined that you cannot be anti-abortion and pro-death penalty. No one is fooled over this Schiavo thing. Terry’s “living” corpse has now become the symbol of the nation’s millions of murdered unborn babies. Terry fight is reall the abortion fight hardly disguised.
The liberal Democrats on the other hand have been backed into a corner and must support this abuse of power after the lessons learned after the 2004 elections. They cannot appear anti-religion, anti-God or anti-life. Unfortunately, it is going to be the Republicans who pay a steep rice for this customized legislation. No longer can they with any degree of credibility claim they don’t bow to special interests. Citizens everywhere are now going to demand their own custom tailored laws to do whatever they please. I can see the ads now. The US Congress’ BUY-A-LAW Program. Visa and MC accepted.
Homosexuals should be emboldened by this law, in that if an ALREADY DEAD WOMAN can get special treatment under the law, then why can’t they get special laws protecting their nasty choices?
Bush and my GOP brethren love to rant about the run away men in black and how they usurped so much power away from the electorate and the executive bodies. OK, granted, but if Mr. Bush and the spineless, yellow backed, week kneed Senators and Congressmen wanted to show that they have had enough and were not taking it anymore, they would have changed the jurisdiction of the 9th Circuit Court of Appeals instead of the jurisdiction of a man calling for the simple burial of a dead body. Of course that would take some “man berries for which the GOP leadership has proven they do not have.
Anyone who considers Terry Schiavo “alive” must really lose it when they see those babies kept preserved in those formaldehyde jars.
CORRECTION: Response to outside stimuli is a LOWER brain function found in single celled organisms, plants and decapitated animals.
How long before Terry would end up being a taxpayer burden if her “living” corpse was turned over to her parents? I predict not long. The same Congress who wants the corpse preserved wouldn’t provide on iota of funding to the parents to pay its medical bills.
These death decisions would be harder to make if the law required the person be put to a quick and humane death, like murderers and animals are accorded.
How convennnnnient to have an ‘expert’ declare a brain damaged person cannot feel, or worse unconscious of what is happening to them, so the tough decision of putting them to a humane death can be avoided.
To Rosemary:
First of all I am not surprized the judge ruled the way he did, 1. he is a Clinton appointtee, he followed the Death-o-crat party line right down to the letter.
Rosemary
Obviously reading and compresenion when it comes to the constitution you are strange to either, congress has every right to do what it did. Try doing some research.
“”"Leave it alone, a Judge has ruled. The Government had no right to rush to pass a mid-night law. What next, no condoms, no birth control, right to life. That is the Christian right along with George pushing this.”"”
Comment by Rosemary — 03.22.05 @ 9:01 am
And you know Rosemary the Christian right is pushing this, that is the only thing you nailed, other that You don’t have a clue, where you are headed with this travesty. The Christian Right those evil doers who believe in Life and liberty.
There are now stories coming to light about Hospitols pulling the plug when the insurance money runs out.
But this will follow the same course Abortion did, at first it was “only the first tri-mester”
that an abortion could be performed then they pushed it forward little by little until now, Thanks to the leftist-self-serving-socialist we have Partial birth abortion, I don’t care what these morons say , Abortion at any stage is wanton murder.
What is amazing is the left is claiming that the president and the Republicans had no ‘Right’ to interfer with the planned murder of Terri Schindler(schiavo), how convenient I say, they had no problem with the government interferring with Abortion protestors and even used the RICO statute to prosecute them, Thanks to the Clintons Attorney General Captain Reno’ no one on the left screamed hey their rights are being violated, Oh no that was perfectly legitimate. to that I say, Now watch I’m holding my first three fingers up so read between the lines.
Can anyone imagine if Ted Kennedys kid was in the same situation and some judge ordered his tube pulled to starve him to death we would never hear the end of it.
Raymond says, “How long before Terry would end up being a taxpayer burden if her “living” corpse was turned over to her parents? I predict not long.”
Just fyi, Raymond, Terri is already indigent per Michael. He stated on one of his Larry King/Michael Schiavo Live shows the other night there is only $50,000 left and she is indigent; therefore the “living corpse” as you call Terri is already a taxpayer “burden”. And isn’t this what it’s all about with you? She’s a “nuisance”?
And Michael has no plans to bury the “living corpse.” He has plans to cremate her immediately with no chance of an autopsy. Since she can’t feel anything according to you and your ilk why not just burn the “living corpse” now and don’t wait any longer?
I still dont understand why this case is SO much more important than healthcare, the growing deficit, and our soldiers dying in Iraq?
This is just another wedge issue to invoke the conservative base to point the fingers at the other side of the aisle and accuse them of being death mongers.
This is a time for the religious base to stand behind their supposed care and respect for life when themselves dont care if children have healthcare because it’s all about personal responsibility.
This is total noise and nonsense.
God Bless Terri’s soul and please punish the politicians for USING it.
Terri cannot have an MRI because she has metal electrodes implanted in her brain!
Don:
From Johansen’s article:
So why hasn’t an MRI been done for Terri? That question has never been satisfactorily answered. George Felos has argued that an MRI can’t be done because of thalamic implants that were placed in Terri’s skull during the last attempt at therapy, dating back to 1992. But Felos’s contention ignores the fact that these implants could be removed. Indeed, the doctor who put them in instructed Michael to have them removed. Michael has never done so.
“Because appellate courts are reluctant to overturn trial court decisions, these courts have consistently ruled against the Schindlers.”
In general the “rule of law” on findings of fact is that they are overturned on “clear error.” At least in the federal system.
LaShawn:
I would have to ask you what clause in Article III of the Constitution gives Congress this power? Article III outlines the creation of the Supreme Court and its jurisdictions; provides for Congress to, at its discretion, establish District (inferior) Courts whose judgements and orders are reviewable by the Supreme Court, and defines the crime of treason. Also, that Congress is responsible for determining the punishment for treason.
Nowhere in Article III does it state that the Congress has the power to force a state court’s decision to be review by a Federal District court.
This move by Congressional Republicans and followed by the spineless Democrats was an unconstitutional attempt to subvert the judicial branch for political gain and it is disgusting.
I agree that this may be an extrodinary situation but, Congress CANNOT perform an unconstitutional act to try and rectify the situation. If the Congress can pick and choose when it follows the Constitution (which it already does), what is the point of having one? Handle this the right way, have Congress amend the Constitution so this can’t happen again.
Raymond – “we have already determined that you cannot be anti-abortion and pro-death penalty.”
Who is “we” and how did we “prove” this?
One is an innocent life, one is not. Apples and oranges!
M. Woodward:
I certainly understand your frustration, and I wish this weren’t so political. But it is. There’s a concept known as removal jurisdiction. In essence, Congress may create federal court jurisdiction, which is what Congress did last weekend, where there are certain matters involved. Have you read the bill President Bush signed? It begins:
“The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right [she] may have under the Constitution…”
In this case a federal question is in play. For instance, I believe Terri’s been deprived of her due process rights under the US Constitution. This triggers federal review. I’d love to know Congress’s rational so I don’t have to guess which provision they relied on.
Raymond wrote, “For the first time, I am embarrassed to say that I am a conservative Republican. Ronald Reagan has to be turning over in his grave over this massive abuse of power.”.
I doubt you were a Republican if you make these wild incorrect judgements concerning massive abuse of power. Sounds like liberal lingo to me (they used it when demonizing the Patriot act and the Iraq war).
If you could get on a factual level I’d beleive you actually were a Republican.
Unfortunately LaShawn, in this case, we conservatives are acting just like the liberals we scream about. We are placing our sincerely held emotions ahead of the rule of law … as much as the liberals do with their pet projects as they complain “its not fair” re: gay marriage and all the rest so too with this case conservatives are barking and howling at the injustice of a judicial systems that has not ruled in their favor “its not fair”. We must ask ourselves the hard questions do we really stand for the rule of law or just when it meets our needs? There is a right way to fight this battle but constant complaining that the jucidial system is “unfair” because it is consistently ruling against us is not the way to go about it and be truly effective in preventative measures. Is i have read both sides and the numerous numerous blogs for and against the one thought that keeps recurring is just how much of this will the liberals throw back at us in the 06 election cycle because what seems to be the common thread among the dissenters to the judicial opinion is that OUR VIEW is the only view that is acceptable and everyone MUST agree with us or else they are sick, twisted and/or evil. Reasonable men can disagree reasonable at least it used to be that way. That is what pains me so much about the rhetoric of todays world. Dissent is no longer acceptable no matter how sincerely held it might be. Mr Schiavo is evil in the eyes of everyone because of motives that people are guessing are his … when in fact no one but God truly knows the heart.
Raymond wrote, “How long before Terry would end up being a taxpayer burden if her “living†corpse was turned over to her parents? I predict not long. ”
No. There is a foundation for Terri that has raised over 4 million dollars for Terri’s care. Raymond is factually incorrect again making incorrect judgements based on misinformation (he predicted not long).
I am posting this to other sites as well – it is just a thought. La Shawn, thank you for your insightful words.
This morning I awoke, exhausted still, not resting enough as I pray for Terri. I phoned the Florida State Senator offices requesting they change their vote on the bill for Terri’s life, and faxed a message to President Bush, requesting that he take Terri into protective custody if he could and thanking him for his heart and all that he has done to try to help and save her life. I thought about if there was anything else that I could do.
I thought of one more thing:
I phoned the US Court of Appeals, 11th Circuit in Atlanta at (404) 335-6100, and simply requested to leave a message for the Hon. J.L. Edmonson, the Chief Judge of the court. The woman at the other end was polite, courteous, even kind and asked me what message I would like her to relay. I just said that I would ask the Hon. Edmonson to please allow Terri’s feeding tube to be restored, while the appeals court considers the entire case concerning Terri. The woman I spoke with said thank you, and that she would pass my message on.
I thought that perhaps all of us might call and leave a similar message for the appeals court.
Thanks.
The Geek,
I believe you have it backwards. It is Judge Greer that has not taken in new information, has been bent on proving that his original rulings will stand because nobody will question him and that what he says goes and he has exhibited the ABUSE of power.
It is simply ok to allow for a new court to take this case on before Terri is put to death (she’s innocent of whatever crime you think she did).
This case would be similar to any one of the cases where JUDGES have been abusing their power.
You have it backwards (I believe).
You speak of motives of Michael Shaivo. I’ll show you his motives with the next post. The facts man.
Bak and Raymond,
It appears the government already is paying part of the bill (Medicaid), according to Slate. Not that it matters since we pay for others who I would consider far more worthless, and they seem to not be able to keep their mouths shut:
http://slate.msn.com/id/2115064/
1990
Feb – Terri Collapses in her home
May – Terri discharged from Humana Hospital in St Petersburg, Florida.
Dec – Terri taken to California for experimental implant
1991
Feb – Terri moved to home with husband.
Jan – Terri moved to Bradenton Mediplex Rehabilitation Center.
Apr – Terri’s condition is assessed as improving.
Apr – Terri’s husband advised to move her to Gainesville Rehabilitation Center to receive advanced therapy to continue Terri’s recovery.
Jul – Terri moved to Sable Palms Nursing Home.
1992
Aug – Terri awarded $250,000 in malpractice settlement.
Nov – Terri awarded $1.4 million in malpractice trial.
Nov – Michael Schiavo awarded $600,000 in malpractice trial.
1993
Feb – Michael Schiavo denies recommended rehabilitation treatment.
Feb – Schiavo and Terri’s parents have falling out regarding lack of therapy for Terri.
Feb – Schiavo withholds medical information from Terri’s parents.
Feb – Schiavo posts Do not Resuscitate order in Terri’s medical chart.
Jun – Schiavo threatens Schindler family with lawsuit.
Aug – Schiavo orders medical staff not to treat Terri for potentially fatal infection.
Sep – Bob and Mary Schindler petition courts to remove Schiavo as Terri’s guardian.
Nov – Schiavo admits in deposition that he knew withholding treatment of infection could result in Terri’s death.
1994
Feb – Judge Penick dismisses guardianship suit.
Apr – Terri moved to Palm Gardens Nursing Home.
1995
Sep – Schiavo orders Palm Gardens not to treat Terri for potentially fatal infection.
1996
Jun – Terri’s parents obtain court order for access to Terri’s medical records.
1997
May – Judge Shames approves Schiavo action to remove Terri’s nutrition and hydration.
Jul – Schiavo’s engagement to Jodi Centonze announced.
Aug – Attorney Felos’s letter notifying Terri’s parents of action to remove Terri’s nutrition and hydration.
1998
Jun – Guardian ad Litem appointed by court to investigate Terri’s case.
Oct – Schiavo offers to donate Terri’s inheritance to charity if family agrees to allow removal of her hydration and nutrition.
Dec – Guardian ad Litem recommends the court not approve Schiavo’s petition.
1999
Feb – Attorney George Felos files bias charges against Guardian ad Litem.
Jun – Guardian ad Litem dismissed by the court.
2000
Jan – Judge Greer Conducts Terri’s Feeding Tube Removal Trial.
Feb – Greer Rules to Remove Nutrition Feeding Tube.
Feb “ Affidavits filed by 3 doctors state Terri can swallow and is not PVS.
Feb – Greer denies petition to allow Terri swallowing tests.
Apr – Terri Moved from Palm Gardens Nursing Home to Hospice Facility.
Apr – Greer denies motion to return Terri to Palm Garden Nursing home.
Apr – Greer imposes restricted visitor list for Terri.
Jul – Appeal filed with Appellate Court to overturn Greer’s verdict.
Nov – Appellate Court Conducts Oral Arguments.
2001
Jan 25 – The appellate court upholds Judge Greer’s ruling to remove Terri’s feeding..
Feb. 8 – Motion for an Appellate Court rehearing or clarification – Denied.
Mar 12 – Schiavo petitions to remove Terri’s feeding immediately.
Mar 23 – Florida Supreme Court denies motion with the to review Terri’s case.
Mar 22 – Appellate Court issued a 30 day execution stay.
Mar 29 – Judge Greer moves up feeding removal date to April 20, 2001.
Apr 1 – The Appellate Court denies extending Terri’s stay of execution.
Apr 12 – Attorney Anderson files motion disqualify Judge Greer.
Apr 16 – Judge Greer denies disqualification motion.
Apr 18 – The Florida Supreme Court refuses to hear Terri’s case & denies Stay.
Apr 19 – The Federal Court claimed the issue was beyond that court’s jurisdiction.
Apr 23 – The US Supreme Court refused to hear Terri’s case.
Apr 24 – Terri Feeding was terminated.
Apr 25 – Schiavo bans Terri brother and sister from visiting Terri.
Apr 25 – Schiavo ex girlfriend (Cyndi) reveals Schiavo lied about Terri’s death wishes.
Apr 26 – Judge Greer refuses to hear new evidence about Schiavo’s lying.
Apr 26 – New evidence compels Civil court Judge Quesada to resume Terri’s feeding.
Apr 30 – Schiavo files an emergency motion to have Terri’s nutritional feeding stopped.
May 7 – Affidavit filed by Dr. Hammesfahr (neurology) states Terri is not in a PVS.
May 7 – Schiavo charged in the Civil Court with fraud.
May 8 – Schiavo ex girlfriend (Cyndi) refuses to testify for fear of Schiavo.
May 9 – The 2nd District Court of Appeals announces “Oral Arguments Hearing†date.
May 11 – Schiavo motion to negate Judge Quesada’s order denied.
Jun 1 – Affidavits by five (5) Doctors were filed stating Terri was not in a PVS.
Jun 1 – Schiavo excused from rendering his deposition.
Jun 18 – Schiavo files an affidavit that Terri is in an irreversible vegetative.
Jun 21 – Chief Judge Demers gave Judge George Greer’s Court authority to decide whether Terri should have any new medical evaluation or treatment.
Jun 25 – A three-member panel presided at the Appellate Court hearing.
Jul 11 – The Appellate Court ordered Greer court to conduct evidentiary hearings. The court denied Schiavo’s attorneys request to order Terri’s feeding stopped.
July 23 – Schiavo filed a motion for Judge Greer to immediately stop Terri’s feeding.
Aug 7 – Judge Greer totally ignored or rationalized all the evidence presented to him. Orders Terri’s feeding stopped on August 28, 2001.
Aug 10 – Attorney Anderson motion to disqualify Judge Greer denied.
Aug 14 – Greer denies request for Conducting Terri Medical Examinations.
Aug 16 – Attorney Anderson files a Notice of Appeal with the 2nd District Appeal Court.
Aug 17 – Judge Greer grants Terri a stay of execution until October 9, 2001.
Aug 20 – Schiavo files with the 2nd District Appeal Court to overrule Judge Greer stay.
Oct 7 – 2nd District Appeal Court orders Terri to be neurological tested.
Oct 23 – Schiavo files a motion to reverse the Appellate Court neurological tests order.
Nov 1 – The 2nd District Court of Appeals denies Schiavo’s motion..
Nov 16 – Terri’s medical testing plan will be determined before a mediator.
Dec 19 – Attorneys meet with a mediator in an attempt to agree upon the tests .
2002
Jan 18 – Mediated agreement failed, testing is back Greer’s courtroom to be resolved.
Jan 25 – Attorney Anderson petitioned the court for an evidentiary guardianship hearing.
Jan 29 – Judge Greer approved Schiavo’s motion to cancel the evidentiary hearing.
Feb 7 – Schiavo files with the Florida Supreme Court to overturn the Appellate Court’s October ruling which spared Terri’s life.
Mar 14 – The Florida Supreme Court denied Michael Schiavo’s appeal.
Jun 19 – Schiavo objects to the medical and neurological testing.
Jul 1 – Judge Greer conducted a 3+ hr hearing involving three issues:
1. Schiavo’s Plan to Enroll Terri into a Medicaid Program
2 Termination of Schiavo’s Attorney Fees
3. Equal Payment for Terri’s Examining Doctors
Jul 10 – Court Hearing again was for the purpose of allowing certain medical tests that were requested to evaluate Terri’s true medical and neurological condition.
Jul 12 – Judge Greer ruled -not-to-pay- Terri’s doctors for their professional fees to examine Terri. Notably, in a previous hearing, Judge Greer -approved- payment for Schiavo’s doctors fees.
Jul 22 – Judge Greer approved three of Terri’s desired neurological tests and rejected a dozen other.
Aug 28 – Judge Greer established the dates for Terri’s trial.
Oct 2 – Schiavo files petition to prohibit the media from seeing Terri’s recent neurological examination videotapes or airing the video’s to the public after they have been presented to the court as evidence.
Oct 2 – Schiavo petitioned the court to authorize Terri’s cremation.
Oct 11-22 Terri’s trial
Nov15 – Judge Greer conducted a hearing in response to a motion Attorney Anderson filed requesting time to investigate recent evidence suggesting Terri’s heart failure may have been caused by physical abuse.
Nov 22 – Greer orders Terri’s starvation death to begin on Jan 3, 2003.
Dec 9 – Attorney Anderson filed a ËœNotice of Appealâ„¢ to the 2nd District Appellate Court.
Dec 9- Attorney Anderson filed a motion with Judge Greer to Ëœstayâ„¢ the January 3rd feeding termination date.
Dec 10 – Schiavo filed a motion with Judge Greer to strike attorney Andersons motion to Ëœstay,â„¢ requesting a court hearing to argue his objection.
Dec 13 – Judge Greer acquiesced to Michael Schiavo’s attorney motion to conduct a hearing, which resulted in a Ëœstayâ„¢ being granted, pending appellate resolution.
Dec 18 – Schiavo filed a motion with the 2nd District Appellate Court to overturn Judge Greer’s December 13th order.
Dec 23 – The 2nd Appellate Court denied Michael Schiavo’s attorney motion to overturn Judge Greer’s December 13, 2002 Ëœstay’ order. Furthermore, the Appellate Court established filing dates and scheduled Appellate oral arguments to take place on April 4, 2003.
2003
Guardian Removal Petition Still Pending¦
On November 15, 2002, attorney Anderson filed a petition with Judge Greer to remove Michael Schiavo as Terri’s legal guardian. The petition included a declaration of Adversary Proceedings, charging that Michael Schiavo violated a dozen or more specific Florida Statutes while serving in his capacity as Terri’s legal guardian.
Apr – Appellate Court Hearing.
Jun – Appellate Court Upholds Greer.
Jul – Appellate Court Denies Court Review and Stay.
Jul – Appellate Court grants 30 day stay.
Aug – Terri hospitalized under mysterious conditions, denied visits from her priest.
Sep – Emergency hearing to allow visitation and obtain current medical information.
Sep – Michael Schiavo ordered by court to give discharge summary to Terri’s parents.
Sep – Judge Greer scheduled October 15, 2003 for the removal of Terri’s sustenance.
Oct – 15 Terri’s sustenance removed at Hospice Woodside in Pinellas Park, FL.
Oct – 20 Florida Legislature and Senate meet in special session Terri’s bill is introduced.
Oct – 21 Terri’s bill approved, signed into law. Governor Bush issues executive orderr.
Oct – 23 Michael Schiavo announces plans to sue Governor Bush and challenge Terri’s Law as unconstitutional.
Oct – Dr. Jay Wolfson of Tampa, Florida assigned as independent Guardian ad Litem.
Nov – New Guardianship hearing in Sixth Circuit court.
Nov – Disability advocacy groups file Amicus Brief.
Nov – Judge Baird to hear case on Terri’s Law. Governor not properly served in suit, appeals venue.
Nov – Governor Bush petitions to remove Judge W. Douglas Baird on suggestion of bias.
Dec – 3 Terri’s birthday. Supporters convene at Woodside Hospice. Terri receives more than 1,000 birthday cards and gifts.
Dec – Governor Bush denied discovery in Schiavo v Bush. Governor denied subpoenaing witnesses.
Dec – 20 Guardian ad Litem dismissed by Judge Demers.
Dec – 22 Judge Baird rules that he will issue a summary ruling on Terri’s law without a trial. His ruling is withheld until appeals by Governor Bush are ruled upon in the Second District Court of Appeals in Lakeland, Florida.
2004
Jan – 8, Judge Demers denies petition for reinstatement of Guardian ad Litem
La Shawn,
Thanks for your answer to M. Woodward’s query regarding Article III. I had the same question because on the surface he is exactly right. You speak of the concept of “removal jurisdiction” wherein Congress may change the jurisdiction. Is this concept written in law or based on case law or precedent and has Congress ever excercised it before? And is Congress now free to intervene regularly in cases like this or others? This whole case troubles me so much because I can see the validity of both sides’ arguments but it just seems that from the videos and a few testimonies, Terri was brain damaged, not brain dead.
Mr. Geek sir, if that’s your real name! We are not doing this from emotion, we are doing it out of the repsect for life, or, as we like to call it, “the sanctity of life”. Every innocent human life is infinitely valuable. Who said so, you might ask? God, that’s who, you know, the Ccreator. We base our values on the God of the Bible, not the pragmatic/practical ramifications of any action. Sometimes it gets difficult, but the standard still applies. I am en elder in a PCA church and one of the things we alwyas remember as elders shepherding our congegregation is, When I stand before God, will he say, Well done good and fatiful servant? And what will we say to him if he says, remember that decision you made? Your reasoning was, It’s the 90’s, we have to give in on this. Where is MY standard?
I really don’t want to answer that question, I would rather just get the well done part!
La Shawn:
Thomas Sowell is just about my favorite writer, but he doesn’t know much about medicine.
His and Andrew McCarthy’s discussion in NRO about the horrors of starvation miss the point – Terri Shciavo doesn’t feel pain, emotion, or much else. The part of her brain that does these things has been damaged.
Baklava,
If as you said in your response to me that it was Judge Greer who has refused to entertain new information and steadfastly refused to consider thusly … why has the appelate court consistently upheld his rulings?
As to Michael Schaivo’s motives … he has consistently stated that it was Terri’s desire (told to him) that she would not want to live in a vegitative state … he has consistently opposed anything that would continue what he feels is against her expressed (albeit only to him) wishes. Unless you can prove beyond the shadow of a doubt that in his heart he has other motives all you are doing is speculating and without proof denigrating him because he has different beliefs than yours. THAT is my point … we as Americans are losing (or already have lost) the concept that disagreement can be reasonable. We have on both sides gotton so entrenched in the “Rightness” and “Exactness” of our own personal beliefs that anyone who does not agree with us is BAD or unfit or evil… IT IS NOT SO …
CharlyG,
i am not sayign that your beliefs are not sincerely held … they are also MY beliefs. However what we ar trying to do is to FORCE OUR beliefs onto everyone and that is WRONG … God does not wish us to FORCE … as HE does not FORCE. When we insist that a certain action be done without benefit of the rule of law we become no better than those we rail against for their “interpretation” of such things as a woman’s right to choose, and gay marriage etc. The facts are they are now is that Mister Schaivo as legal guardian has the right under the law to do this. Instead of trying to circumvent this ruling we should be working to change the law … THAT IS THE RIGHT WAY.
The appelate court did not consider new information. They simply treated it as a case that didn’t need to be heard again.
I’m not denigrating him by sharing the facts of the TIMELINE that I posted. This has been a timeline posted for over a year (before this case became so vocalized). It is a factual statement over and over again.
That TIMELINE and the fact that Terri’s parents keep offering him COMPLETE physical and financial responsibility over Terri but Michael refuses tell me all I need to know.
La Shawn,
Ignore my previous question…it was redundant in that I had not read the material on the site you posted. Sorry…I’m reading it now.
Frank, why do you say this: “Terri Shciavo doesn’t feel pain, emotion, or much else. The part of her brain that does these things has been damaged. ”
There is in fact considerable debate over this. In particular, a lot of the testimony affirms that Terri does have emotions. If you see her videos over at terrisfight.org, it’s pretty obvious that someone is in there.
The Geek wrote, “FORCE OUR beliefs onto everyone and that is WRONG”.
Incorrect Statment. We are trying to keep a woman alive and allow for the parent of Terri to be able to care for her (something that Michael has had Terri’s family members removed from the Hospice for because he didn’t want her to have ice chips or even the blinds open in her room).
Let the light shine in !
Hater wrote, “I bet you think that the crazy man who murdered the judge’s mother and husband several weeks ago was a hero, don’t you?”
Incorrect
Thanks for posting wild allegations as liberals like to do. You lose in this case (as the liberal who fails to engage in the playing field of ideas).
Geek – I am Reformed, therefore , God does the choosing, not us. He is sovereign and He will do what He will do. I do not say he forces us to salvation, but draws us, as water from a well. If not for his drawing, we would never come. Sorry for the minor off topic post here but I must refute bad Theology wherevere I find it. And I believe we are to enforce not force!
Renee wrote, “It appears the government already is paying part of the bill (Medicaid), according to Slate.”
I understand Renee. Though if the parents were able to take care of Terri they have raised considerable amounts and have the intention of moving Terri into a better condition that doesn’t need constant hospital attention.
Baklava,
Iif HIS sincere belief is that Terri would not want to live this way would it not be WRONG of him to allow HER EXPRESSED wishes to be ingored? He is doing what he believes is right as per her wishes.
I agree Baklava, I was just pointing out that being a tax payer burdern shouldn;t even be a part of our thought process (as Raymond seemed to be so concerned with).
Hater wrote, “You have said many times that you think Judge Greer is an abuser. Why the anger? I think you are looking in the mirror when you call me a hater.”
htre is pronounced however you wish I guess.
You are right. I sometimes go overboard in using liberal ways of arguing to show them how they are. Liberals go overboard with their rhetoric saying that Bush is abusing this or intending this or lying and I use that rhetoric right back.
There isn’t much of a place for it. So liberals…. Stop!
I did say that Judge Greer is abusing his power. In response to someone who thinks Congress and the Republicans (with bipartisan support) are abusing thier power. See?
Thanks CharlyG (I was thinking the same thing).
Baklava,
again to you it is BAD theology however to a vast many other people it is NOT …. again that is my point in all of this … that by insisting that our personal point of view is the ONLY RIGHT ONE we are no better then those of the other side who insist that their views are as well on issues that they believe in. Again if WE as conservatives and christians (and yes i am both) want to do it right the RIGHT way is to work and change the LAW not change the RULES in the middle of the inning so tospeak.
The Geek,
You do have a point. But I err on the side of non-death in this case. Why is it imperative that new information can’t be obtained and that she must be killed this instant? Can you answer that? Michael’s (and supposedly Terri’s) desires could be carried out if only some tests and some attempts at Rehabilitation were carried out which is all the parents want. And in order to get that done they have asked for Michael to be removed as the custodian because he has refused any attempt at FINDING NEW information or rehabilitating or having any tests done like an MRI or eating ice chips , etc.
Thermiss:
Maybe you can help the situation by citing any legal basis (or lack thereof) for any actions taken by the Congress?
Maybe if people knowledgeable about a subject would share thier insight to people who aren’t instead of sitting in thier ivory tower scoffing, we wouldn’t be “hurting America”.
P.S.
If a subject of Electromagnetics and/or Electrical Engineering ever comes up I would be more than willing to share my knowledge.
The Geek wrote, “that by insisting that our personal point of view is the ONLY RIGHT ONE”
It’s not about whose point of view is right. It’s about whether or not Terri’s life should be spared from killing. Why not err on the side of keeping her alive and obtaining more information (which Michael has blocked), or running tests or rehabilitating (again Michael has blocked).
“There is in fact considerable debate over this. In particular, a lot of the testimony affirms that Terri does have emotions. If you see her videos over at terrisfight.org, it’s pretty obvious that someone is in there.”
No its not. And don’t people who have their feeding tubes removed get morphine?
I’ve provided an update to the Article III reference in the post under “Note.”
(Making note to call M. Woodard regarding Electromagnetics and/or Electrical Engineering when I need information on the subject
)
Actus, you don’t think it’s obvious that someone is in there, fine.
You ignore the fact that there is CONSIDERABLE debate among experts, though. Ignoring that makes your argument easier, of course.
Baklava,
The court system of Florida has viewed and reviewed this information over and over … so far it has not found cause to overturn. I believe we must have faith that our system of justice will work and is working despite what may seem eggregious errors in our personal views.
To consistently keep going back and going back in order to find someone who will see it “our” way is what we accuse the other side of doing so often. I am greatly worried that by maintaining this stance of “find another judge” and “get congress to intervene” will in the long run HURT our causes rather than HELP them …
I’ve been listening to Laura Ingraham for the last hour. She’s been playing clips from a Hospice worker who has been FEEDING Terri with a bottle and by other methods.
She has been accepting the intake without asperating or whatever verb she used.
Baklava,
Because under our rules of law … as currently written Michael as legal guardian has responsibility for those decisions. To systematically interfere in HIS rights will have a lasting and long term affect on how WE may have our PERSONAL RIGHTS interfered with down the road … IF we allow the precedent of governmental interference in personal rights in this case we may find that OUR RIGHTS will be the next to be INTERFERRED WITH ….
You’re new to the blog, obviously, so let me give you one and only warning. This is my blog, not a court of law. I blog. That’s what I do. If you think I’m involved in an “unqualified guessing game,” we eagerly await your enlightenment. But I don’t like snide remarks directed toward me by commenters. If you’re as clever as you think you are, you’ll find another, much subtler way to get your jabs in, that is, if you want to remain on the board. If not, Adios.
On second thought, the more I think about it, the more I realize I’ve banned you before. The IP addresses are similar, too. I guess you’re more clever than I thought. “Smithers”: another fake name. Do yourself a favor and get a life, son. It’s U Penn’s loss. Perhaps I’ll enlist one of my friends there to smoke you out. Real names are real assets. – Admin
Renee:
I will be at your service!
The Geek wrote, “Because under our rules of law … as currently written Michael as legal guardian has responsibility for those decisions. To systematically interfere in HIS rights will have a lasting and long term affect on how WE may have our PERSONAL RIGHTS interfered with down the road”
My point Mr. Geek is that while you state valid points is that there are a certain set of people (I think about 30%) that just believe that there can be due process but why the rush? Why not allow for the tests, rehab efforts and new information to be obtained to which Micheal and Judge Greer have systematically blocked all of those efforts.
I think there is substantial differences of opinion about whether the rule of law is being followed or abuse of power is occurring. Please be respectful to those who just have a different opinion and do not feel that the rule of law is being turned upside down or any abuse is happening.
There is room for debate. I’ve listend to both sides of that debate. I’m not a law expert and can only go on the fact that there is debate and it ISN’T clear cut.
I guess my biggest concern is that by continuing to pursue this despite the numerous rulings already given in the hopes of eventually getting what it is we wish for in this case we may find ourselves on the other side dealing with the “law of unintended consequences” further down the road as slowly one by one our personal liberties and rights and responsibilities are interferred with by an increasingly powerful and already over-reaching federal governmental system. Nuff said … and as always you are welcome to agree disagree or call me a nut…. thats the beauty of America. thanks for letting one man put his views into the mix.
“You ignore the fact that there is CONSIDERABLE debate among experts, though.”
Do I? I just said its not obvious. At least one basis for it not being obvious is that the there is CONSIDERABLE debate.
COMMENTS TODAY BY MICHAEL as reported by the St. Petersburg Times
1) “Instead of worrying about my wife, who was granted her wishes by the state courts the past seven years, they should worry about the pedophiles killing young girls,” Schiavo said, referring to a local case. “Why doesn’t Congress worry about people not having health insurance? Or the budget? Let’s talk about all the children who don’t have homes.”
2) He said U.S. House Majority Leader Tom DeLay, who is leading a charge to extend Terri Schiavo’s life, is a “little slithering snake” pandering for votes.
If only conservatives actually believed what they say they believe. States rights? Well, only sometimes, apparently. Only if the states are making the decisions conservatives want them to make. Protection of marriage? Well, only if your spouse is making the health care decisions we want him/her to make.
Basically conservatism in this country boils down to: “Small government for big business, but Big Brother for the little guy.”
What exactly IS the fetish conservatives have for messing around with other people’s lives? I believe my Mom would have called such people “Busybodies”
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