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

[Pepper777]

syriacus wrote: I searched the Wolfson document.
Luckily for Wolfson he didn't actually say that the following statement is true...
"I don't think, therefore, I am not." .



Jay Wolfson is part of the Culture of Death. The man was against Terri from the beginning. I have no respect for Wolfson, as he goes from cable news program, to cable news program, spewing forth his BS about Terri's condition.

The first guardian ad litum, was for dismissing the death case. Of course, he was dismissed immediately. Terri has been set-up by the Florida judical community, for a death sentence, from the get-go. What a travesty of justice.

[ohioWfan]

Amen, and AMEN! THANK you, Alamo-Girl!

[ohioWfan]

Amen to your post, too, dear annie. This is a great spiritual battle, and we must pray as we have never prayed before!

God's will be done!

[fromunda]

You should have a broken heart because of Terri, not for any other reason.

The logic of your position on this totally escapes me, with all due respect, and your anger is really, really, really missplaced.

Direct that passion of yours constructively - to engage others, given Terri's case, about why protecting the sanctity of life is so important. Obviously, given where we find ourselves today, we haven't done a particularly effective job - that's a call to step up, not to sit down.

Please rethink your position on this - in reality, it makes little sense at all.

[ohioWfan]

And this makes him personally responsible?

This 'game' you are playing can be turned the other way as well. If he had not intervened in '03, Terri would have been murdered then. If he had not involved the DCPS, there would not have been another avenue of appeals.

The blame cannot rest on Jeb Bush. It is completely wrong.

[antiRepublicrat]

It was the least reliable of hearsays, how much more completely dangerous to use (dangerous meaning reackless with regard to ability to establish truthfulness) could it have been?

Obviously much more since the testimony was admitted.

[blakep]

DOES ANYONE KNOW WHEN THIS DECISION WILL BE MADE?

TODAY? TOMORROW?

[bvw]

Indicates a compromised Judge and judgement.

His corporate veil should be pierced and soon.

[UnbelievingScumOnTheOtherSide]

It IS Jeb Bush's fault that Terri's parents have had her an additional two years, and in the interim, have had time to pursue legal challenges.

Yes, Jeb contributed to the pro-life cause.

There is a difference between contribution and commitment however. To make a ham and egg breakfast, the chicken is a contributor but the hog is committed.

When it came time to put it on the line in a perfect test of constitutional power, which could have done more than 100 appointments to break the judicial usurpation of legislative and executive powers than anything in 170 years, Jeb was timid and would not commit. He was the right man in the right place and he went with the polls and common thought. I'm not rabid against Jeb, just disappointed at what could have been.

[snowsislander]

I just heard on Laura Ingraham that when the priest and the Schindler's went to her on Easter Sunday to give her communion, the priest was threatened with arrest if he did so. Apparently, a compromise was reached whereby the hospice cleric had to hold the hand of the family's priest. I suppose the point of that was so that his hand could be snatched away if, God forbid, he tried to provide any more that the hospice thought appropriate. There were 3 deputies present to prevent the priest from giving communion. It is not true that MS acceded to the request of Terri's parents to have communion administered, so let's put that one to rest, if it hasn't already been. Just when I think this cannot get more sickening.

If this report is true, then the Felos/Greer/Schiavo gang are among the worst that I have heard of working under color of law.

[antiRepublicrat]

Indicates a compromised Judge and judgement.

Coming from a non-lawyer, non-judge I guess. No matter how much we all study this stuff, we're still just armchair lawyers.

[Alamo-Girl]

Thank you for your encouragement! I'll add yet another Amen! to yours, that God's will be done.

[princess leah]

Most lawyers are pond-scum, closely followed by the bottom feeder judges!

[Bahbah]

If this report is true, then the Felos/Greer/Schiavo gang are among the worst that I have heard of working under color of law.

I suspect it is since, as we often say somewhat in jest, you just cannot make this stuff up. The brother was in the room so I guess he would know. I have to agree with your statement. Just imagine simple things like barring Terri from being taken outside into the sunshine. Why such cruely? I swear, it makes me weep.

[antiRepublicrat]

DOES ANYONE KNOW WHEN THIS DECISION WILL BE MADE?

No idea, but I've been seeing a lot of federal judges lately working through the night, with decisions coming out at midnight and very early morning, so I expect they're not just sitting around now.

[bvw]

Guesses are a penny a ton.

[WhistlingPastTheGraveyard]

If what you say is true, that's utterly insane.

It is what it is. Protest non-votes aren't new, they happen in every election cycle.

There appears to be a battle for the soul of the Republican party, and there are plenty of registered republicans here who spend much of their days ridiculing people of faith, specifically pro-lifers -- seemingly with the intent of driving them from the party.

Combine that bitter rift with the movement's most devastating setback in three decades, and you have a recipe for disaster. And talking political practicality to a disillusioned pro-life voter isn't going to do anything to win them over.

We'll have a better feel for how turned off these folks are after the 2006 mid-terms. If it's even close as bad as it feels right now, it's going to be a long, long election night.

[WhistlingPastTheGraveyard]

I'm not rabid against Jeb, just disappointed at what could have been.

That's pretty much where I am, as well. I still think he's a good man... just not a great one.

[Saundra Duffy]

Heavenly Father - Thank You for Your love and grace. We adore You. We humbly ask that You help our little Sister, Theresa Marie, in this her hour of great need. We pray for Your sustaining power and nourisnment and protection. In the Wonderful Name of Jesus Christ - Amen.

[WhistlingPastTheGraveyard]

Amen.