Full Eleventh Circuit To Terri’s Parents: No

Ken AshfordAssisited Suicide/Schiavo, Courts/LawLeave a Comment

Another victory for Terri in a 24 hour span.  The vote was 10-2.  And this is a conservative appellate court.

I feel bad for the parents, but hopefully all these NEW courts going against them will help them to come to grips with reality.

UPDATE:  It’s not clear from the press reports whether the full appellate court affirmed the appellate panel’s decision, or merely refused to open the case up to the full appellate court.  I THINK it is the latter.  Although truthfully, it doesn’t make a whole lot of difference.  The next stop is the Supreme Court either way.

Speaking of which, this is what Scalia wrote in his Cruzan concurrence (Cruzan was the 1990 right-to-die case involving another young woman on life-supporting machinery, and whether or not to pull the plug, so to speak):

While I agree with the Court’s analysis today, and therefore join in its opinion, I would have preferred that we announce, clearly and promptly, that the federal courts have no business in this field; that American law has always accorded the State the power to prevent, by force if necessary, suicide – including suicide by refusing to take appropriate measures necessary to preserve one’s life; that the point at which life becomes “worthless,” and the point at which the means necessary to preserve it become “extraordinary” or “inappropriate,” are neither set forth in the Constitution nor known to the nine Justices of this Court any better than they are known to nine people picked at random from the Kansas City telephone directory. . . .

That doesn’t bode well for Schiavo’s parents.