Thursday, March 24, 2005

Terri Schiavo Final and Supreme Appeal

On Wednesday, March 23, 2005 the parents of Terri Schaivo filed an Emergency Application for Stay with the United States Supreme Court, asking that the high court immediately stay the lower probate court's order for removal of Ms. Schiavo's feeding tube. I have not read the entire 44 page application; however, from my brief review of the application it appears to rely on the same, or very similar arguments already rejected by two lower federal trial and appellate courts.

My guess (and it's only a guess) is that the High Court will not intervene in the case. It has declined to become involved on approximately three prior occasions in this case; however, the difference about this particular application is that it follows the unprecendented political actions of Congress and the Executive branches of government. Still, I would be surprised to see the High Court grant Certiorari and become involved in this case. The most efficient way to end this process is for them to let the lower federal appellate ruling stand. I will post the High Court's ruling once it is available.

Update:

The Schindlers have apparently begun another round of litigation at the federal district court level, seeking anew an injunction mandating that Ms. Schiavo's feeding tube be reinserted. They have filed a first amended complaint ( adding additional causes of action) with Judge Whittemore, the federal district court judge who denied the first injunction which began the round of federal appellate review.

Supreme Court Update:

CNN is reporting that the Supreme Court has denied the Schindler appeal. I have not found the actual denial, but will post it as soon as it is available. More to come . . .

0 Comments:

Post a Comment

<< Home