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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: incredulous joe

I gotta go to sleep, but I will part with this:

The Lord is righteousness in all His ways, and gracious in all His works. The Lord is nigh unto all who call upon Him, to all who call upon Him in truth.


481 posted on 03/29/2005 11:05:24 PM PST by Army Air Corps (I am sick of brownshirts in black robes)
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To: Concentrate

That info should make its way into Sekulow's hands.

He may be a great lawyer, but maybe he hasn't thought of that line of argument. Can't hurt to suggest it.


482 posted on 03/29/2005 11:05:40 PM PST by Critter (America, home of the whipped.)
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To: churchillbuff

I agree with you that Republicans are on all sides of the Terri Schiavo issue, and that the Republican Party is not the repository of all goodness. However, I think that Republican values are more focussed on the individual and more compatable with compassion than Democratic values, which are more "big picture".

I don't think that you can disagree that most of the vocal supporters of Terri Schiavo's right to life are Republican, and that most, if not all, of the snotty comments and jokes about her come from liberal Democrats.

If more black Americans vote independently, and stop demonizing Repubicans, this can only be good for the country. If nothing else, it may convince the Democratic party that the politics of divisiveness is a dead end.


483 posted on 03/29/2005 11:05:52 PM PST by Piranha
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To: Hunble
"However, God has chosen another path for her."

Let me guess. God talks to you like he talks to George Felos?

484 posted on 03/29/2005 11:05:55 PM PST by sageb1
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To: Eurotwit
They were speculating .. BUT HOW CAN THE COURT NOT ORDER IT DONE NOW???
485 posted on 03/29/2005 11:06:09 PM PST by STARWISE (PLEASE .... PRAY FOR TERRI AND HER FAMILY. 'WHERE THERE'S LIFE THERE'S HOPE!")
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Comment #486 Removed by Moderator

To: STARWISE

Yes, Alan Colmes has been very cruel and inhumane the past couple of days. I couldn't believe tonight he actually said Terri couldn't be given water or ice chips because it would be "dangerous". I wonder if it has dawned on him yet what a ludicrous statement that was. Just what is the danger, Alan? Just what is more dangerous to a person than murdering them?


487 posted on 03/29/2005 11:06:33 PM PST by GLDNGUN
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To: Finalapproach29er

Right, I gave a speech on the UNnecessity of stem cells for reegenerating tissue. That was over a year ago. But the Death March marches on with the lies about stem cell research. Same chameleon,differenct color.


488 posted on 03/29/2005 11:06:43 PM PST by SolomoninSouthDakota (Daschle is gone.)
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To: Finalapproach29er
"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. "

Methinks that's Michael's primary concern....

489 posted on 03/29/2005 11:06:52 PM PST by oprahstheantichrist (Terri's battle is NOT against flesh and blood....)
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To: Dolphy
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.

Yes and that they filed an appeal for an extention

490 posted on 03/29/2005 11:06:52 PM PST by Mo1
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To: Dolphy

Yes.


491 posted on 03/29/2005 11:07:01 PM PST by STARWISE (PLEASE .... PRAY FOR TERRI AND HER FAMILY. 'WHERE THERE'S LIFE THERE'S HOPE!")
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To: Dolphy

CNN is losing me.....now they say the 11th might not hear it? I thought they accepted it? sheesh....I'm befuddled


492 posted on 03/29/2005 11:07:32 PM PST by Jrabbit
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To: TexKat
Sorry to nudge in here, but your response made me laugh. Not that you were in pain and getting inadequate care. But, (big sarcasm here) didn't you know, "It's all in your head"?

I was 30 before I was diagnosed with fibromyalgia that first presented in childhood. Spent years trying to get help for myriad of symptoms and it wasn't until after the birth of my first child anyone thought to send me to a rehumatologist. Until then, if the complaint was pain, expect the anti depression script.

493 posted on 03/29/2005 11:07:55 PM PST by mother22wife21 ( I believe that Rough Beast Yeats was talking about just got the keys to the city.)
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To: WhistlingPastTheGraveyard

Too little, too late.

What a travesty.

The courts need some serious restructuring by the legislature. These "for life" jerks on the bench need to be reigned in or removed.

Rush is right about one thing...this is not over regardless of the outcome and hell will be paid by the left. Don't listen to the news medias lies about how the right is taking it on the chin.


494 posted on 03/29/2005 11:08:07 PM PST by Fledermaus (It is now clear the Founding Fathers were wrong: free people cannot govern themselves!)
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To: oprahstheantichrist
Maybe she could be taken someday to the specialist in Bavaria that offered to take her pro bono for the rest of her life?
495 posted on 03/29/2005 11:08:15 PM PST by flowergirl (Trust in the Lord with all your heart)
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To: MamaLucci
MS says Terry told him she didn't want to live by "artificial means"

I don't think it was even that clear. It was an off-hand comment made while watching a movie. Something along the lines of "I wouldn't want to live like that." Whatever "that" is.

496 posted on 03/29/2005 11:08:26 PM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)
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To: flowergirl

Michael Schiavo cannot hurt Terri right now. Too many people watching.


497 posted on 03/29/2005 11:08:26 PM PST by Saundra Duffy ("Where there's life, there's hope." Theresa Marie SCHINDLER)
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To: sageb1
"However, God has chosen another path for her."

Well, DUH.....

498 posted on 03/29/2005 11:08:30 PM PST by Hunble
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To: oprahstheantichrist

The new brain, however, wouldn't "remember" anything, so he would have nothing to worry about.


499 posted on 03/29/2005 11:08:38 PM PST by drlevy88
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To: xzins

He doesn't outrank - so your comment is just plain stupid. Please grow up.


500 posted on 03/29/2005 11:08:45 PM PST by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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