Legal Options Virtually Blocked in Schiavo Case
The parents of Terri Schiavo lost two key cases Wednesday, leaving them with virtually no legal options to block a court order that would remove their daughter’s feeding tube beginning Friday.
The parents of Terri Schiavo lost two key cases Wednesday, leaving them with virtually no legal options to block a court order that would remove their daughter’s feeding tube beginning Friday.
The 2nd District Court of Appeal shot down Bob and Mary Schindler’s bid to set aside Pinellas Circuit Judge George Greer’s original ruling to remove Terri’s tube five years ago. The appellate court decided that while Terri never wrote her end-of-life wishes down, Greer was correct in ruling that she did not want to be kept alive “artificially”, as claimed by her husband Michael.
At the Lakeland appellate court, the Schindlers’ attorney David Gibbs argued that Greer’s Feb. 2000 order to remove Terri’s hydration and nutrition tube should be voided since the 41-year-old highly disabled woman was never afforded due process rights.
Get Our Latest News for FREE
The court sharply disagreed, saying Terri Schiavo had been “afforded” a “heightened level of process” beyond what is normally allowed.
"Not only has Mrs. Schiavo's case been given due process, but few, if any, similar cases have ever been afforded this heightened level of process," Chief Judge Chris Altenbernd wrote. "The Schindlers have filed numerous motions, but they have failed to present any lawful basis for relief from judgment."
In a separate ruling, the appellate court refused an emergency request by the Florida Department of Children & Families (DCF) to halt the feeding tube’s removal. The agency appealed Greer’s decision last week to bar the organization from intervening in the case. The DCF had asked Greer for a two-month extension on the tube’s removal so the social service group can have time to investigate allegations of abuse against Terri.
Gibbs meanwhile said the parents plan to appeal to the U.S. Supreme Court, where they will argue that their daughter’s religious freedom and due process rights have been violated.
Unless the federal court acts by Friday, the parents’ last hope to keep their daughter from suffering the cruel death-by-starvation order is legislative action.
In Washington, House Judiciary chairman James Sensenbrenner and Florida Republican Dave Weldon introduced a bill Wednesday that would move jurisdiction in the case to a federal court.
H.R. 1332, the "Protection of Incapacitated Persons Act of 2005," is expected on the House floor on Thursday. The bill, if approved on-time, will authorize an incapacitated person – such as Terri- the right to a federal trial.
Chairman Sensenbrenner, in introducing the bill, echoed the concerns of pro-lifers nationwide.
"What's going on in Florida regarding Terri Schiavo is nothing short of inhumane. The Florida courts virtually have issued a death sentence to Terri, almost guaranteeing she will painfully starve to death over a matter of weeks,” said Sensenbrennner.
“The Florida courts set an extremely dangerous precedent by saying we must stop feeding someone who can't feed herself," he continued. "Who's next - the disabled or those late in life? I believe this legislation is the humane and right thing to do to not only protect Terri Schiavo, but also reinforce the law's commitment to justice and compassion for all, especially the most vulnerable."
Meanwhile, separately in Tallahassee, lawmakers were trying to craft a compromise to a bill designed to prevent the removal of Schiavo’s tube. The bill essentially requires doctors to feed incapacitated persons unless they left a written will or specific verbal details regarding their desire to die.
