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

[CindyDawg]

Humble, I doubt many of us would disagree with you that this isn't torture but she wasn't in pain before the tube was pulled. Why the anger towards the one's that want it stopped and the feeding tube kept in? Shouldn't you be upset wuth the people who keep pulling the tube and starting her pain, instead? What about my question on helping someone that was stranded with no food or water? Would you want someone to try to help them?

[Soul Seeker]

I've said things I regret.

Other things that, imo, needed to be stated.

I do agree the same evil that has led people to cheer Terri's death has been maliciously involved in the arguments that erupted on the board. It's difficult to temper that passionate anger given the enormity of the judicial ordered starvation of an innocent, but I'll try. Since you are right, that anger services no one.

It did result in a humorous cartoon though. LOL

[MJY1288]

So I guess you think the Court will allow this to be reviewed while Terri Schaivo is dying from Dehydration and starvation?

My guess is that as soon as the Lawyers say the will present the case, the Court will have little choice but to reinsert the feeding tube while the FACTS of the case are being debated

[Raycpa]

and bet there is a decision to reinsert the tube by 3 pm on Wednesday

She is statistically dead now. She cannot afford 15 hours.

[incredulous joe]

Amen,...and well said.

[STARWISE]

They need to rescue her NOW, .. now... dear Lord, going into the 13th day ..Please, Lord, protect her.... this is just heartbreaking torture for her family, and I know I'm just all tense and anxious all over again ..

[Saundra Duffy]

Heavenly Father - We look to Thee asking on behalf of our little Sister, Theresa Marie, that she be plucked out of that death bed and be brought back to the loving arms of her mother, father, brother, sister and other family members - Please expose and destroy the plans of the enemy - We pray for justice for Terri's family. In the Name of Jesus Christ, our Lord and Savior. Amen.

[hipaatwo]

I sent my son to Hebrew School, he's now 19 and sitting here. I read him the prayer and he said huh? I, who never went to Hebrew school had to translate it for him...LOL

[Raycpa]

Can you repeat the exact words that I used, that would imply that in any way?

Why do you think we all got upset with you? You must not have a discerning heart.

[RhoTheta]

Post #50:
Federal Complaint Filed with DOJ in Schiavo Case Alleging ADA Violations

Great find! Also much more info in the right sidebar.

A fax of the filed document is here.

[Petronski]

Cool!


I think I need a cigarette too.

[Salvation]

Bump for later.

[livius]

I hope you're right. It's stunning that she has survived as long as she has. I hope this last-minute rescue comes through.

[STARWISE]

Yup .. I'd say there were some quivering black robes tonight.

[Army Air Corps]

Here is another one for you along the same vein:

I will lift-up mine eyes unto the mountains; From whence shall my help come?

My help cometh from the Lord, who made heaven and earth.

He will not suffer thy foot to be moved; he that keepeth thee will not slumber.

Baruch kvod adonoy mim'komo - Blessed is the Lord who is to be blessed forever and ever.

[churchillbuff]

weaning the black community away from mindless support of the Democratic party """"

Why are people determined to forget that Greer is a Republican - - and that the 11th circuit judge who voted FOR Terri is a DEMOCRAT. Just like a number of freepers who are arguing against saving Terri, there are a LOT of Republicans who share blame for what she's going through -- STARTING WITH JUDGE GREER. I've stopped making the mistake of considering the Republican Party the repository of goodness. You should too.

[Shortstop7]

Good point. And I thank God to read those words. Let those who really do care.....and are compassionate take the lead.

There may be hope of us yet.

[HowlinglyMind-BendingAbsurdity]

Shouldn't you be upset wuth the people who keep pulling the tube and starting her pain, instead?

Excellent point.

[drlevy88]

kvod = glory
mim'komo = from his abode

[sageb1]

I would agree that you said nothing that was abusive. If you wish to discuss, I believe at least 20 individuals responded to your post. You could try replying back.