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

[mjtobias]

"Since I have been reported to the Admin for abuse, then perhaps it would be better if I not continue with any replies."

I wonder if the Admin report had anything to do with your decision.

[not-alone]

3 Judges of the 11th turned them down before and now they are asking the whole court to review it.

[Army Air Corps]

Thanks, I am just quoting from The Word and cannot take any credit for it. Peace unto you and your household.

G'night all.

[concerned about politics]

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

FOX is still saying Fed Appeal court will hear it. Maybe the left wing CNN is one of those groups who are giddy about killing her. DUmmies had a thread about getting the popcorn and a chair ready for celebration.

[concerned about politics]

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

FOX is still saying Fed Appeal court will hear it. Maybe the left wing CNN is one of those groups who are giddy about killing her. DUmmies had a thread about getting the popcorn and a chair ready for celebration.

[Eurotwit]

I might be wrong, but I think the court have decided to have a hearing to decide whether they will have the complete hearing.

[sageb1]

"Words alone cannot expose evil."

You're right. And Felos is Satan's poster child.

[hipaatwo]

BTW, after Colmes' crude and cruel performance tonight, I'm calling the show "Hannity," and I'm going to raise the consciousness of those folks at Fox ... regularly. It was a disgusting display.




He's been disgusting all week! He was even disrespectful to Terri's brother and sister the other night. And today his guests are communists?? I'm calling Fox tomorrow. ummm today..LOL.. I forgot what time it is.

[narses]

I think so also.

[Hunble]

I wonder if the Admin report had anything to do with your decision.

Nope, I have continued to chatter....

However, my protest has stated and noted.

[churchillbuff]

I don't think that you can disagree that most of the vocal supporters of Terri Schiavo's right to life are Republican, """

No, I can't disagree, but I'm also disappointed that they turned tail after the (libera-media-manipulated) polls said it was unpopular to help Terri. I'm disappointed that Jeb Bush let Judge Greer kick sand in his face.

[mjtobias]

"No.... The way I read this is that the tube will be reinserted while the facts are being reviewed..."

Praise the Lord.

So, we can expect she will be taken care as soon as early tomorrow? I hope so. Time is of the essence. We're talking hours, not days.

[hipaatwo]

Just goes to show how bad my Hebrew is...LOL

[Finalapproach29er]

At least she could be re-taught the basics of childhood.

Its fascinating to think about. It all seems like magic now, but the time is coming soon where these things will be possible.

[samantha]

Something like that depending on if you are litvak or glitziana.

[Two-Bits]

Matthew 25:44-45 44

Then they also [in their turn] will answer, Lord, when did we see You hungry or thirsty or a stranger or naked or sick or in prison, and did not minister to You?

45 And He will reply to them, Solemnly I declare to you, in so far as you failed to do it for the least [in the estimation of men] of these, you failed to do it for Me.

[concerned about politics]

Fox just came on. Said the court is considering a request for a rehearing.

Disability groups are having a fit! They know a member of their family could someday soon just wipe them out if the killing isn't stopped now.

[Diogenesis]

All the perps should be starved, film at 11 and on the Internet live.
How long? At least 13 days so far.

[samantha]

Something like that depending on if you are litvak or glitziana.