Schindlers emergency petition in Schiavo case [US SC] News
Schindlers emergency petition in Schiavo case [US SC]

Schiavo v. Schiavo, emergency petition for stay pending filing and disposition of a writ of certiorari, Supreme Court of the United States, March 23, 2005 [petition by the parents of Terri Schiavo after Eleventh Circuit refusal to authorize reconnection of her feeding tube]. Excerpt:

On Sunday, March 20, 2005, the House and Senate convened in an
extraordinary, and unprecedented, Sunday session to pass a bill that expressly provides that there will be a full trial on the merits. It strains credulity to assert that Congress intended by this language to confer discretion on the trial court to destroy the jurisdiction created by the P. L. NO. 109-3by standing idly [sic] while Terri Schiavo starves and dehydrates pursuant to the order of a Florida court. Were that the Congressional intent, giving the Schindler family the right to seek review of that order would be little more than a cruel hoax… If Terri Schiavo dies, her federal claims become moot, and the entire exercise of Congressional authority under Article III s.1 and Amendment XIV s.5 — authorization of federal court review of her present condition and federal claims against the State of Florida — was a colossal waste of both Congress' and this Court's time.

Read the full text of the emergency petition [PDF]. Reported in JURIST's Paper Chase here.