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

[drlevy88]

God grant the greatest wisdom to the team that is fighting the ghouls.

[Fudd Fan]

"Sekulow is smarter than Gibbs."

At least he seems to be better at lawyerin'

[flowergirl]

I sure hope someone besides just MS is in the room with Terri right now!!

[Petronski]

Sekulow is smarter than Gibbs.

And thank God for that.

[Army Air Corps]

...adonai elohenu, adonai echod...

[TAdams8591]

But everyone knew after the FIRST hearing that the JUDGE had NOT heard it as a DE NOVO case. IT was obvious. The 11th circuit did not remand the case back to Whittemore or REVERSE his decision because the lawyers failed to argue that point???????

Wouldn't that have been a procedural error, for Judge Whittemore NOT to have heard it as DE NOVO, and shouldn't the 11th circuit have picked that up???

[UnbelievingScumOnTheOtherSide]

"The law was written that the judge SHALL review it de novo, not review what has gone on before..... That was not done....so, judicial error was committed....that is what the petition is based upon."

This was the petition Sekulow urged on Terri's lawyers, and btw, a VERY GOOD avenue of attack.

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.

[Fam4Bush]

I'm still on. Just about logged off before I saw your post. Still praying for that miracle.......God is faithful, and He has promised us an abundance of miracles in the End Times. Let's pray Terri is a testimony to that end.

[drlevy88]

Our Lord our God, Our Lord is One.

[Rca2000]

Jay Sekulow is the head of the ACLJ, or the American Center for law and Justice, a CVhristian-based organization, started ,I think about 15 years or so ago, that regularly backs people whom have their civil rights TRULY violated(like, getting kicked out of school for mentioning God's name in a homecoming address), and he has been at the forefront of this battle, along with Randall Terry, who used to be the head of Right To life. My mother and I have given to the ACLJ since it has been around, and it has helped many good people, maybe now, Sekulow and Terry can finally get the recognition that they have both earned for soooooo long, as defenders of conservatives and Christians, and the unborn and helpless.

BTW--- I do not really like the fact that Hillary or JJ is in on this either... BUT.. WHATEVER IT TAKES... WE'LL TAKE IT.. God will use ANYBODY, to do his will!!!

[XR7]

The authority of certain physicians to be designated by name in such manner
that persons who, according to human judgment, are incurable can, upon a most
careful diagnosis of their condition of sickness, be accorded a mercy death."
-- Adolf Hitler, 1939

A Cup of Water for Terri: Part I
http://www.freerepublic.com/focus/f-bloggers/1373614/posts

[Lauren BaRecall]

And what the he!! is the alternative?

[CyberAnt]

Several people on this thread have already said that it is possible to rehydrate her but it has to be done slowly in a hospital.

[Petronski]

Jay Sekulow, constitutional lawyer, American Center for Law and Justice (an ACLU antidote organization).

[Hoodlum91]

Here's hoping the mods realize that the good dr is more guilty of abuse than you.

Have you not learned that reality (and most probable outcomes) are not welcome on Terri threads?

[CyberAnt]

en banc (the full court)

[sageb1]

"aitch tee tee pea colon 2 slashes dubya dubya dubya dot proud patriots dot org"

I just so love that!

[TexKat]

The irony of this is if this woman is saved as she should be, now the Jesse liberals will get "political credit". Not that I care, but Jeb blew a chance to be a real hero.

Is there ever a time that the political labels are put to the side and one can just be a real caring human being?

[PhiKapMom]

I have seen it several times. Felos was on the board but not Greer's wife. First time I saw it was on a site debunking rumors and then when I went to check it out at the hospice, she had never served on their board.

[lula]

And you know this from experience?