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Eleventh Circuit may hear Schiavo case again

Now that Terri Schiavo is very near death, bleeding from the eyes and mouth, the Eleventh Circuit may listen to her parents’ and supporters’ pleas one more time. By now, her kidneys may have failed because of court-enforced dehydration, and the “dying process” may be irreversible.

AAPS has filed a brief before the court, stating that a stay is necessary to prevent mooting the case. The Act for the Relief of the Parents of Theresa Marie Schiavo mandated that “District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination….”

The brief argues that it violates due process to cause the death of Terri Schiavo based on the outdated and inherently unreliable diagnosis of Persistent Vegetative State.

“It also violates due process and the First Amendment to find that there is `clear and convincing’ evidence of a desire to die when her own religious leader, viewed as infallible by her faith, condemns this death process, with only self-serving hearsay offered to the contrary.”

Terri’s federal rights include the right not to be compelled to violate her own religious principles, or at least entitles her to a meaningful hearing.

While it is alleged that Terri looks “beautiful,” and is dying “peacefully,” video cameras are excluded.

Michael Schiavo has agreed to allow an autopsy, which could answer questions about alleged abuse related to her collapse in 1990.

Laura Bush said the government was right to help Terri Schiavo’s parents. And Jesse Jackson visited her at the hospice, calling Terri’s death a “violent” execution and “a great moral and ethical crisis that we should address.”

Additional information:

Read AAPS Amicus Brief filed 3/30/2005

AAPS Terri Schiavo Archive



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