The question is whether they will agree to hear the appeal.
PINELLAS PARK, Fla. (AP) – After losing two consecutive appeals in federal court, Terri Schiavo’s parents vowed Wednesday to take their fight to the U.S. Supreme Court as their severely brain-damaged daughter began her fifth full day without the feeding tube that has kept her alive for more than a decade.
In a 2-1 ruling early Wednesday, a panel of the 11th Circuit Court of Appeals in Atlanta said the parents “failed to demonstrate a substantial case on the merits of any of their claims” that Terri’s feeding tube should be reinserted immediately.
“There is no denying the absolute tragedy that has befallen Mrs. Schiavo,” the ruling said. “We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law.”
In his dissent, Judge Charles R. Wilson said Schiavo’s “imminent” death would end the case before it could be fully considered. “In fact, I fail to see any harm in reinserting the feeding tube,” he wrote.I remain skeptical of the argument the Schindler’s lawyers have put forth (they claimed that Terri Schiavo’s religious and due process rights have been violated) in their federal case, and suspect the Supreme Court may decided not to hear the case. I still believe their only path to victory would have been to challenge the flimsy evidence to suggest that Terri Schiavo would have wanted the fate she’s now about to meet.