Dean's World

The legal options are running out in the Terri Schiavo case — with fewer today amid some big developments:

A Florida Judge Today Rejected Her Parent's Latest Appeal:

CLEARWATER, Fla. — A state judge on Saturday rejected another attempt by Terri Schiavo's parents to reconnect her feeding tube, rejecting what the couple's lawyer described as their last chance to keep their severely brain-damaged daughter alive.

Pinellas Circuit Judge George Greer denied the parents' motion to order the reinsertion of the tube. Bob and Mary Schindler claimed their daughter tried to say "I want to live" when her tube was removed on Greer's order March 18.

The Schindlers' Attorney Says There Will Be No More Federal Appeals:

PINELLAS PARK, Florida (CNN) — An attorney for the Schindler family said Saturday "there are no more federal appeals" in the Terri Schiavo case.

Lawyer David Gibbs has been representing Schiavo's parents in the tug-of-war over the life of the brain-damaged woman, who has been living in Florida hospice in what courts have deemed "persistent vegetative state."

Gibbs implied Bob and Mary Schindler would not appeal to the U.S. Supreme Court.

"At this point, we still are evaluating other federal options," Gibbs said. "But I believe we've been told by the 11th Circuit [Court of Appeals] there is no cause of action that can be brought forward for Terri."

Florida Governor Jeb Bush has made it known that the other options some are insisting he take — basically ignoring the court rulings and stepping in and taking Schiavo into custody — are not viable. So now Bush, who has backed the Schiavo's, is coming under some fire:

We have not given up hope for a miracle," Randall Terry, an anti-abortion activist and a Schindler family spokesman, said Saturday.

Terry called on President Bush, Florida Gov. Jeb Bush or House Majority Leader Tom DeLay to intervene.

"These men have the power to save her. The question is at this moment if they have the will to save her," Terry said. "We're looking for people who have the power to save her to step in."

He said there were "frantic measures" going on in Washington, but did not elaborate.

"Every hour that Terri clings to consciousness is a testimony of her desire to live, and it's an indictment against those who have the power to save her and don't," he said.

Politicos are not getting involved further because there is supposed to be some separation of powers in the United States, the judicial process is supposed to be respected (as many pointed out in the controversial Supreme Court ruling over the 2000 elections where the bulk of Americans accepted it once the Supremes issued their ruling) and — not a tiny factor — because a recent poll shows the vast majority of Americans (Republicans, Democrats, Independents, Conservatives and Liberals) didn't want the Congress or President to get involved as much in this case as they did. Bush's poll numbers have taken a sharp drop this week.

But pressure now remains heaped on Jeb Bush:

After the federal panel's decision Friday night, the Schindlers appealed to Jeb Bush to intervene, calling what happened "judicial homicide."

"Governor Bush, you have the power to save my daughter," Mary Schindler said. "Please, please do something."

Schiavo's father was more forceful.

"[Bush] has put Terri through a week of hell and our family through a week of hell by not acting," Bob Schindler said. "He has to come up to the plate."

So now the family is the victim because they are being tormented by Jeb Bush who for some reason doesn't want to get into highly questionable legal areas and committ national political suicide by ordering troopers to seize Terri Schiavo and thus by pass the rulings of the courts.

Related Posts (on one page):

Courts Continue To Reject Schiavo Case Appeals
A MUST READ in the Terri Schiavo Case

(link)

Ron in Portland (www):

There obviously are no winners here but a couple of big loosers are Tom Delay and Jeb Bush. Delay is now a household name, something he didn't need with his current ethical problems. Jeb Bush has destroyed any politcal ambitions he might have had. One side will fault him for getting involved and the other side for not doing enough.

3.26.2005 3:06pm

Joe Gandelman (mail):

I think Jeb can still surface nationally. I'm about to post something, though, that suggests either he almost self-destructed or some state officials were about to take the law into their own hands and would have helped him destruct. There is a line beyond which politicos cannot go, no matter what the ideology. It's a border that takes them into an area where the mainstream on BOTH sides raise eyebrows at their actions. If Schiavo was (or is) snatched by state officials to basically make sure her fate is not decided by the court actions, Jeb Bush will never win a national election. Given the polls on this, he hasn't helped himself with cross over Democrats or centrists on this but he is a hero to those who believe the feeding tubes must be restored -- which according to the polls is a chunk but not all of Christian Evangelicals. So you might say if you look at what he he has gained and probably lost it's a wash.

If you use this line of reasoning, his insistance that he won't run in 2008, coupled with his Dad's recent statement that he is certain Jeb means it when he says he won't run, you're looking at Jeb planning to keep a high profile until 2012, then running. A lot can happen between now and then, so he isn't out of the running (OR a shoo in by the way) for 2012. 2008? I think this would hurt him..but all this assumes the Democrats don't nominate someone hopelessly out of touch with the mainstream on issues as well.

3.26.2005 3:57pm

Yes Joe I read about the near self destruct on Josh Marshall's site. Pretty amazing.

3.26.2005 4:21pm

Rhianna (aka rmschoon) (mail) (www):

I was just checking in with CNN's Legal coverage (one of the few MSM areas I read on a regular basis), and down at the bottom of the article is this lovely quote

Meanwhile, FBI agents have arrested a North Carolina man on suspicion of soliciting offers over the Internet to kill Michael Schiavo and Greer. Richard Alan Meywes of Fairview is accused of offering $250,000 for the killing of Schiavo and another $50,000 for the "the elimination of the judge who ruled against Terry."

Meywes was arrested without incident at his home around 5 p.m. Friday on charges of solicitation of murder and transmission of a threatening communication via interstate commerce, authorities said.

If convicted, Meywes could face up to 15 years in prison and up to $500,000 in fines. He is expected to make an initial court appearance Monday in U.S. District Court in Asheville, North Carolina. (Full story)

Judge Greer has been under 24-hour protection by two U.S. marshals because of increased threats against his life by those unhappy with his handling of the Schiavo case.

What the hell kind of 'supporters' swear out death threats, and offer money to kill a Federal Judge and the woman's husband? In what sick alternate reality do they live it that they think this is perfectly acceptable? Oh, that's right this one, where the man is acussed (without any proof) of 'putting her in this condition'.

We'll be living with the consequences of this emotional blackmail for decades to come...

3.26.2005 4:35pm

Bryan AWS (mail) (www):

One memo circulating in the Senate last week touted how the "pro-life base will be excited by the issue."

Republican leaders strongly disavowed that, but on Friday, House Majority Leader Tom DeLay told the Family Research Council, a leading Christian group, that the Schiavo case was sent by heaven to focus attention on the helpless.

Hasn't this "memo" already been debunked sufficiently that it wouldn't figure in a CBS/AP story?

3.26.2005 5:54pm

Chris Reid (www):

I just wanted to mention how truly sickened I am. It's March 26th...that feeding tube has been gone for over a week now. The justice system has failed.

3.26.2005 6:28pm

About that poll, Joe, the question asked was about someone in a "coma." This is the second poll that's come out this week that has questionable wording. yet the "overwhelming majority of Americans" meme is going to survive this whole episode.

3.26.2005 7:48pm

Dean Esmay:

You know, I now count three atheists commenting on the Schiavo case who are siding with Terri and her parents and against Michael.

So much for the notion that this is a "right wing Christian agenda."

3.26.2005 10:19pm