Schiavo’s Parents Appeal to 11th Circuit
As expected, the Schindlers have appealed Judge Whittemore’s refusal to order Terri Schiavo’s feeding tube reinserted to the 11th Circuit. They will lose there, too. They will then petition the U.S. Supreme Court, which will quite like deny their appeal on the grounds that they have no interesting legal issues of national significance.
The notice of appeal was filed electronically hours later with the 11th U.S. Circuit Court of Appeals in Atlanta by David Gibbs III, an attorney for Terri Schiavo’s parents. The notice tells the court that the full appeal will follow. That court was already considering an appeal on whether Terri Schiavo’s right to due process had been violated.
One wonders how many passes through the court system are required to satisfy the “due process” argument.
(1742): Schiavo’s Parents Beg Court to Act Quickly (AP)
Warning that Terri Schiavo was “fading quickly” and might die at any moment, her parents begged a federal appeals court Tuesday to order the severely brain-damaged woman’s feeding tube reinserted. David Gibbs III, attorney for parents Bob and Mary Schindler, told the 11th U.S. Circuit Court of Appeals in Atlanta that the 41-year-old woman might die before they could get a chance to fully argue their case that her rights are being violated. The appeal came after a federal judge in Tampa rejected the parents’ emergency request. “Where, as here, death is imminent, it is hard to imagine more critical and exigent circumstances,” Gibbs said in the appeal filed electronically with the court. “Terri is fading quickly and her parents reasonably fear that her death is imminent.”
There was no immediate indication of when the appeals court might rule.
This has been a federal issue for a little over 36 hours. They’ve already gotten a detailed written opinion from a federal judge and filed an appeal with the 11th Circuit. This is moving extraordinarily fast.
That said, this is a situation that calls for all deliberate speed. I’d be surprised if we haven’t heard from the 11th Circuit by tomorrow.