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Fed Appeals Court Grant Terri's Parents Petition for Rehearing
FNC

Posted on 03/29/2005 9:36:23 PM PST by WhistlingPastTheGraveyard

Edited on 03/29/2005 9:59:29 PM PST by Jim Robinson. [history]

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


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


TOPICS: Breaking News; News/Current Events; US: Florida
KEYWORDS: blessedterri; christhavemercy; hopebeyondallhope; lordhavemercy; myjesusmercy; parentsrights; prayforamerica; prayforterri; schindleristas; terri; terribots; terrischiavo; terrischindler; the13thday
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To: All; Smartass

**Bump for Terri** If the appeal happens, will she have anyway of recovering?

The damage to her brain, organs and body is so great.

Next time, the courts should put a feeding tube
BACK IN until all of the legal appeals are finished,

Just like they keep Death Row Inmates ALIVE until
their appeals are done!


461 posted on 03/29/2005 11:00:10 PM PST by reformjoy (Hillary Haters? Nah, just "Freedom Lovers")
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To: drlevy88

So is Sekulow gonna argue the case or is Gibbs? (Oh please let it be Sekulow!!!)


462 posted on 03/29/2005 11:00:55 PM PST by razorbackmama
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To: Finalapproach29er

"This yankee thinks Florida has to be the most corrupt state in the USA. What a freak show of crooks. The judges are worse than the politicians. Reminds me of New York in the 1920's. Cases were deceided before the hearing started."
***
Well yes, it was one party Democratic rule here in Florida from the Civil War until Jeb Bush was elected. Corrupt as can be.


463 posted on 03/29/2005 11:01:05 PM PST by ClaireSolt (.)
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To: CitizenM; All

CNN LIVE NOW WITH LEGAL BRIEF!!


464 posted on 03/29/2005 11:01:06 PM PST by STARWISE (PLEASE .... PRAY FOR TERRI AND HER FAMILY. 'WHERE THERE'S LIFE THERE'S HOPE!")
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To: sheikdetailfeather

Please don't remind me of how much her life is hanging by a thread! Please God, through the merits of your Son's victory over the cross and death, keep Terri alive as a reproach to her enemies if it be your will.


465 posted on 03/29/2005 11:01:51 PM PST by SolomoninSouthDakota (Daschle is gone.)
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To: sheikdetailfeather

He is? I wonder how his girlfriend feels about that.


466 posted on 03/29/2005 11:02:09 PM PST by Utah Girl
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To: SolomoninSouthDakota

Has anyone tried to argue invalid wishes due to the promise of future medicine, which she could not have even conceived back in 1990? Maybe they could repair her brain, in part ten years from now.

****
Blood could generate body repair kit
19:00 26 November 2003
Exclusive from New Scientist Print Edition
Andy Coghlan

Ultimate stem cell discovered
23 January 2002
Search New Scientist

TriStem
Tim McCaffrey, George Washington University
Current Medical Research and Opinion
Stem cells and cloning, New Scientist

A small company in London, UK, claims to have developed a technique that overturns scientific dogma and could revolutionise medicine. It says it can turn ordinary blood into cells capable of regenerating damaged or diseased tissues. This could transform the treatment of everything from heart disease to Parkinson's.

If the company, TriStem, really can do what it says, there would be no need to bother with conventional stem cells, currently one of the hottest fields of research. But its astounding claims have been met with bemusement and disbelief by mainstream researchers.

TriStem has been claiming for years that it can take a half a litre of anyone's blood, extract the white blood cells and make them revert to a "stem-cell-like" state within hours. The cells can be turned into beating heart cells for mending hearts, nerve cells for restoring brains and so on.

The company has now finally provided proof that at least some of its claims might be true. In collaboration with independent researchers in the US, the company has used its technique to turn white blood cells into the blood-generating stem cells found in bone marrow.

When injected into mice, these cells migrated to the bone marrow and generated nearly all the different types of human blood cells, the team will report in the January edition of Current Medical Research and Opinion (vol 20, p 87), a peer-reviewed journal.

Proof required
"I would be extremely sceptical of these findings and would need more proof," says stem cell expert Evan Snyder of the Burnham Institute in La Jolla, California, whose response is typical of many scientists New Scientist contacted.

"I was extremely sceptical," says team member Tim McCaffrey, a cardiovascular researcher at George Washington University in Washington DC, who was asked to evaluate TriStem's claims. "They did it in front of my eyes with my own blood," he says. "It's stunning."


467 posted on 03/29/2005 11:02:26 PM PST by Finalapproach29er (America is gradually becoming the Godless,out-of-control golden-calf scene,in "The Ten Commandments")
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To: SolomoninSouthDakota
St. Bernardette. She's gorgeous, too.

<-- That's her.

Great book!

http://www.tanbooks.com/index.php/page/shop:flypage/product_id/123/

Blessed Andre Bessette's heart.

468 posted on 03/29/2005 11:02:55 PM PST by Lauren BaRecall (Jeb Bush, 3/25/05: "Ooooooh, everybody just stop *expecting* anything from me. Ok?")
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To: atomicweeder

"Does she take contributions for her legal expenses?"

That I don't know. It was just ana rticle I was directed to. HOwever, if there is a link to her, you could ask. I'm sure there are several who would donate.


469 posted on 03/29/2005 11:03:11 PM PST by DakotaRed
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To: STARWISE

Did the CNN guy just say that the feeding tube should be inserted immediately?


470 posted on 03/29/2005 11:03:26 PM PST by Eurotwit (WI)
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To: Pegita; GeekDejure

prayer ping


471 posted on 03/29/2005 11:03:27 PM PST by drlevy88
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To: 1066AD
She has ? I thought her (so-called) husband was her guardian.

I believe Brown was referring to Greer.

472 posted on 03/29/2005 11:03:33 PM PST by TexKat (Just because you did not see it or read it, that does not mean it did or did not happen.)
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To: sheikdetailfeather
so much to worry about.....

It is out of our hands now.....MS could do anything, anything at all in that room.....

473 posted on 03/29/2005 11:04:09 PM PST by cherry
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To: MJY1288

"When Courts are considered being negligent, they tend to act very fast. I see a feeding tube hooked back up yo Terri Schiavo by mid day tomorrow"

From your keyboard... to God's ears!


474 posted on 03/29/2005 11:04:13 PM PST by Fudd Fan (MaryJo Kopechne needed an "exit strategy")
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To: not-alone
The point is , MS says Terry told him she didn't want to live by "artificial means",
but prior to the year 2000, a feeding tube was NOT
considered "artificial means".
475 posted on 03/29/2005 11:04:17 PM PST by MamaLucci (Libs, want answers on 911? Ask Clinton why he met with Monica more than with his CIA director.)
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To: Finalapproach29er

This is amazing! Please post a link, not that I don't believe you, just want to read more.


476 posted on 03/29/2005 11:04:29 PM PST by bubbleb
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To: STARWISE
Did the CNN reporter just say that the Schindler's lawyers couldn't get this petition filed by a Saturday deadline because of the flurry of activity? This is so frustrating.
477 posted on 03/29/2005 11:04:38 PM PST by Dolphy
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To: TAdams8591

Per Sekulow on Sean's radion show, maybe Fridayish, an actual DE NOVO would actually take 2-3 months, so to me, the reinsertion would be a no-brainer. Perhaps that's why it didn't occur to the Senate to specify that.


478 posted on 03/29/2005 11:04:49 PM PST by oprahstheantichrist (Terri's battle is NOT against flesh and blood....)
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To: Finalapproach29er

I wonder what a brain regeneration scenario would entail. I'd assume it would require the person to re-mature mentally, as the new brain would be a tabula rasa.


479 posted on 03/29/2005 11:05:14 PM PST by drlevy88
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To: Army Air Corps; Jeff Head

I know that my Redeemer lives.
What comfort this sweet sentence gives.
He lives, he lives who once was dead.
He lives my ever-living Head.
He lives to bless me with His love.
He lives to plead for me above.
He lives my hungry soul to feed.
He lives to bless in time of need.

He lives to grant me rich supply.
He lives to guide me with his eye.
He lives to comfort me when faint.
He lives to hear my soul's complaint.
He lives to silence all my fears.
He lives to wipe away my tears.
He lives to calm my troubled heart.
He lives all blessings to impart.

He lives, my kind, wise heav'nly Friend.
He lives and loves me to the end.
He lives, and while he lives, I'll sing.
He lives, my Prophet Priest and King.
He lives and grants me daily breath.
He lives and I shall conquer death.
He lives my mansion to prepare.
He lives to bring me safely there.

He lives! All glory to His Name.
He lives, my Savior, still the same.
Oh, sweet the joy this sentence gives.
I know that my Redeemer lives!
He lives! All glory to his name!
He lives, my Savior still the same.
Oh, sweet the joy this sentence gives.
I know that my Redeemer lives!


480 posted on 03/29/2005 11:05:14 PM PST by Saundra Duffy ("Where there's life, there's hope." Theresa Marie SCHINDLER)
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