Fed Appeals Court Grant Terri's Parents Petition for Rehearing

FNC

[WhistlingPastTheGraveyard]

FEDERAL APPEALS COURT WILL LET TERRI'S PARENTS FILE A PETITION FOR REHEARING FOR AN INJUNCTION TO REINSERT FEEDING TUBE... BREAKING

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Moderator update:

Court Says Yes To Schiavo Parents

March 30, 2005

(CBS/AP) A federal appeals court early Wednesday granted Terri Schiavo's parents the right to file a petition for rehearing for an injunction that could allow their daughter's feeding tube to be reconnected.

The ruling came just after midnight from a federal appeals court in Atlanta.

On Tuesday, Schiavo's 12th full day without food or water, the Rev. Jesse Jackson prayed with her parents and joined conservatives in calling for state lawmakers to order her feeding tube reinserted.

The former Democratic presidential candidate was invited by Schiavo's parents to meet with activists outside Schiavo's hospice. His arrival was greeted by some applause and cries of "This is about civil rights!"

"I feel so passionate about this injustice being done, how unnecessary it is to deny her a feeding tube, water, not even ice to be used for her parched lips," he said. "This is a moral issue and it transcends politics and family disputes."

As the Schiavo deathwatch drags on, CBS News Correspondent Mark Strassmann spoke with two families who grappled with the same issues as the Schindlers and Michael Schiavo. On one side are Dorothy and Michael Brocato, who have provided care for their brain-damaged daughter Lisa, who suffered brain damage from a heart attack 15 years ago.

"We have devoted our lives to taking care of Lisa, says her mother. The Brocatos are sympathetic to the Schindler's wish to keep Terri Schiavo alive

"I love her. I love her. I couldn't picture not having her around me,'' says Dorothy Brocato.

Ron Oister has watched the Schiavo drama play out from a very different perspective. When Oister's father was essentially brain-dead, his son's wrenching decision was to let his father go.

"It was very hard,'' Oister told Strassmann. "That was my father. And he was in front of me. And I knew he could never return to what he had been."

Oister says Schiavo's parents helped create this needless public spectacle because they refused to face their hard reality.

"She died then, not now. My own experience would say that one ends life at that time."

Jesse Jackson's visit provided an emotional boost to Schiavo's parents and siblings, who have maintained that Schiavo would want to be kept alive. Her husband, Michael Schiavo, insists he is carrying out her wishes by having the feeding tube pulled.

Mary Schindler, Terri Schiavo's mother, later made a terse but emotional appeal to Michael Schiavo: "Michael and Jodi, you have your own children. Please, please give my child back to me." Michael Schiavo and fiancee Jodi Centonze have two children, born long after Terri Schiavo fell into paralysis.

Although supporters of the Schindlers have claimed the dehydrated woman is being denied comfort measures such as ice chips for her dry mouth or balm for chapped lips, George Felos, the husband's attorney, defended how Schiavo is being cared for.

"Obviously, the parents and the siblings are desperate. Desperation may lead to different perceptions," Felos told CNN. "I can only tell you what I've seen, and Terri is dying a very peaceful, cared-for death." Felos did not return phone messages seeking comment from The Associated Press.

Jackson said he asked Michael Schiavo for permission to see the brain-damaged woman but was denied. He also telephoned black legislators in a last-ditch effort to bring back a bill that would prohibit severely brain-damaged patients from being denied food and water if they didn't express their wishes in writing. Lawmakers rejected the legislation earlier this month and appeared unlikely to reconsider it.

One of those contacted by Jackson, Democratic state Sen. Gary Siplin, said he told Jackson the issue had been "thoroughly discussed." Senate Democratic leader Les Miller added, "I have voted. It's time to move on."

The chief sponsor of the measure, state Sen. Daniel Webster, said he knew of no changed votes and that Jackson's efforts may have come too late.

"If he could sway votes — and I'm certain he may be able to — it would have been helpful if he had done that a little earlier" said Webster, a Republican. "We're running out of time. To do it now is not as timely as a couple of weeks ago would have been."

Bob Schindler described his daughter as "failing" following his visit Tuesday.

"She still looks pretty darn good under the circumstances," Schindler said. "You can see the impact of no food and water for 12 days. Her bodily functions are still working. We still have her."

First lady Laura Bush also commented on the case Tuesday, saying the government was right to have intervened on behalf of Schiavo.

"It is a life issue that really does require government to be involved," Bush said aboard a plane bound for Afghanistan, where she was to promote education and women's rights.

During Jackson's visit, a man was tackled to the ground by officers when he tried to storm into the hospice, police said. He became the 47th protester arrested since the feeding tube was removed March 18. The man had two bottles of water with him but did not reach the hospice door, police said.

Doctors have said Terri Schiavo, 41, would probably die within a week or two of the tube being removed. She suffered catastrophic brain damage in 1990 when her heart stopped for several minutes because of a chemical imbalance apparently brought on by an eating disorder.

The parents also lost another round in the courts Tuesday when an appeals court upheld a pervious ruling by Judge George Greer that blocked the Department of Children and Families from intervening in the case.




Court Says Yes To Schiavo Parents

[Mother Mary]

I believe its the one passed by Congress on Palm Sunday allowing the federal court to take a de novo look at the facts of the case.

[UnbelievingScumOnTheOtherSide]

I must have missed the article about the logic error you are discussing.
The statement "I think, therefore I am" IS logically equivalent to "I am not, therefore I do not think".

See #973. You have reversed premise and conclusion.

[syriacus]

She'll be dead anyway.

My feeling is, she might require dialysis, at least temporarily.

[Army Air Corps]

"Ugg....the rebroadcast is on now of Colmes wirh the communist youth group and that Jeannine Garafolo wannabee........."

Gads! Just how empty does someone's life have to be in order to be a Jannine Garafalo wannabe. Couldn't she set her sights higher by aspiring to be the person who operates Ted Kennedy's sitz bath?

[sweetliberty]

"A New York State special education teacher has filed a detailed eight-page complaint with the U.S. Department of Justice on behalf of Terri Schindler-Schiavo, alleging numerous violations of the Americans with Disabilities."

Good for her!

I can't help thinking that Terri really took it to heart when people told her "help is on the way." She obviously has a lot of faith, and a strong will to live. I remember reading yesterday that she is still producing urine. Or could be that someone is slipping her something, or maybe, just maybe, receiving that drop of wine in communion on Sunday gave her supernatural sustenance. I continue to pray for her.

[lainde]

Felos has spouted that "this case has been ruled on 22 times by different Judges and courts

That's the pompous, irrelevant statement that gets to me the most!!! As if how many times it's been rejected has anything to do with reviewing the FACTS as requested!

[Saundra Duffy]

"Let us draw near with a true heart in full assurance of faith, having our hearts sprinkled from an evil conscience, and our bodies washed with pure water.

Let us hold fast the profession of our faith without wavering; (for he is faithful that promised;)

And let us comfort one another to provoke unto love and to good works.

Not forsaking the assembling of ourselves together, as the manner of some is; but exhorting one another, and so much the more, as ye see the day approaching."

Hebrews 11:22-25

[NautiNurse]

Perhaps Felos will call up the soul of Descartes to testify.

[xzins]

I believe you need a reading comprehension course.

Miss Manners wouldn't hurt either.

[nicmarlo]

There's only one reason they could want to take that appeal now but not immediately restore feeding and that is because they want to declare the law unconstitutional outright (for whatever arbitrary reason they can concoct), which Whittemore neglected to do.

I hope not, as then they may say that the disabled have no right to due process....making the disabled, in effect, a non-person, not entitled to rights...of course, they won't come out and say it thusly, but that's what it would amount to; by doing that, they would also be ruling against the Constitution which give rights and special protections to the disabled. If they do that.......

[Saundra Duffy]

Some FReepers prayed that Terri would receive the ministering of Angels - like when Angels came to minister to Jesus after his 40 day/night fast and in the Garden of Gethsemene. You can't see them but they are there. Hallelujah!

[xzins]

tags.../s

So FR invented the English language?

[P-Marlowe]

I dispute that claim because I believe she died 15 years ago, when her brain died for anoxia.

Where is her soul Jude? Does she have no soul because her brain is not perfect? Does our soul reside in our brain? Or does it reside in our heart or our entire being?

Show me one verse in the Bible that says that brain damaged people are dead.

The bible cries for everything that has breath to praise the Lord. Well the last time I checked Terri Schiavo still had breath. She was still a LIVING BREATHING HUMAN BEING. And as long as she is living and breathing that gives me pause to praise the Lord. The fact that she is not dead yet is a miracle. Millions are praying for her. They are also praying for a country that would allow this to happen to her.

[Piranha]

I'm disappointed that Jeb Bush let Judge Greer kick sand in his face.

I am, too. The best response to an overreaching judiciary would have been a prompt appeal. I don't understand why Congress didn't appeal Judge Greer's refusal to honor the subpoena, and I don't understand why Jeb Bush or the state agency didn't immediately appeal Judge Greer's refusal to order the police to stand down and let the state protect Terri Schiavo.

As they say, all that is necessary for evil to triumph is for good people to do nothing. A passive, craven response to an overreaching judiciary is what is precipitating a crisis in the judiciary.

[xzins]

since you can't or won't reply to my post

Talk about growing up....sheesh

I guess others are supposed to live on this board for your amusement and entertainment??

[syriacus]

Wolfson: " "Cogito, ergo sum."

Unless I missed something, Wolfson doesn't refer to Descartes' statement in the document.

I did a word search (through Acrobat Reader) for the words "Descartes" and "think" and got no matches.

I've seen that illogical statement, "I don't think, therefore, I am not," posted several times on FR, and I wonder who thought it up.

[xzins]

"The life is in the blood thereof."

[syriacus]

Some FReepers prayed that Terri would receive the ministering of Angels

I've been praying they are with her, too. I hope one steps over the the door, for a moment, and firmly closes it on Michael.

[P-Marlowe]

Can you explain to me why res judicata and collateral estoppel haven't precluded the Schindler's from relitigating the same question ad nauseum?

Because there has only been one trial. The order to remove the feeding tube was litigated only once and the order is still on appeal. Additionally Congress has authorized a de-Novo hearing and Res Judicata is a legal principle. The new trial directive is a Law.

You are really on the wrong side of this issue Jude.

[SavedAndForgiven]

I could not help but think and re-read the story of Lazarus.. 38Jesus, once more deeply moved, came to the tomb. It was a cave with a stone laid across the entrance. 39“Take away the stone,” he said.

“But, Lord,” said Martha, the sister of the dead man, “by this time there is a bad odor, for he has been there four days.”

40Then Jesus said, “Did I not tell you that if you believed, you would see the glory of God?”

41So they took away the stone. Then Jesus looked up and said, “Father, I thank you that you have heard me. 42I knew that you always hear me, but I said this for the benefit of the people standing here, that they may believe that you sent me.”

43When he had said this, Jesus called in a loud voice, “Lazarus, come out!” 44The dead man came out, his hands and feet wrapped with strips of linen, and a cloth around his face.

Jesus said to them, “Take off the grave clothes and let him go.