Terri Schiavo's Parents Appeal to Supreme Court Again

By Jeff Johnson | July 7, 2008 | 8:22 PM EDT

(CNSNews.com) - Terri Schiavo's parents will appeal their latest judicial defeat to the U.S. Supreme Court. Robert and Mary Schindler met with their legal and spiritual advisors Wednesday afternoon following a rejection of their latest pleading by the full 11th Circuit U.S. Court of Appeals in Atlanta.

"I'm in the room surrounded by family members right now and they are going to appeal it," Gary McCullough, a spokesman for the Schindler family told Cybercast News Service in an exclusive interview. "They've been on the phone with the lawyers a lot and they are going to appeal it. The lawyers have been working, it seems like, around the clock, because we hardly ever see them."

The official order of the court was only one sentence and noted that "a majority" of the active circuit judges on the court had voted against the Schindlers' appeal. But Circuit Judge Stanley F. Birch Jr., wrote a concurring opinion arguing that the courts should overcome the passions in the Schindler-Schiavo battle.

"Any further action by our court or the district court would be improper," Birch wrote. "While the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty."

Birch not only refused the Schindlers' appeal, but he also chastised Congress for getting involved in the matter in the first place.

"In sum, while Congress may grant jurisdiction to a federal court consistent with Article III as it did in Section 1 of the Act, it may not 'assume a function that more properly is entrusted to' the judiciary," Birch wrote. "By arrogating vital judicial functions to itself in the passage of the provisions of Section 2 of the Act, Congress violated core constitutional separation principles, it prescribed a 'rule of decision' and acted unconstitutionally."