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

[PistolPaknMama]

I don't know if this hopsice is able to handle major emergencies

Hospices are equipped to handle death. She would have to be immediately transferred to a critical care unit would be my guess.

A doctor on Fox tonight said it could shock her system to start rehydration. This is out of my league, but I suppose it would have to be introduced slowly.

[Shortstop7]

I agree with your thoughts. I think a lot of the people in this country have just "caught up"......because they weren't hearing the real truth, or understanding why this was so wrong.

I just hope and pray that Terri can be saved. Hope that too much damage hasn't been done to her body.

I had pretty much given up hope, to be honest.

May God Bless Terri and her family.

[Norman Bates]

Dear God, please let it work. We need to save the life of our sister, Terri.

[PeanutbutterandJellybean]

>>>Let me guess, the hearing starts Friday at noon?

With a recess to break for the weekend.

[SwordofTruth]

Live with that knowledge, and I hope you are proud of yourself.

I hope God has mercy on you, I doubt I could.

[LPStar]

Probably methods honed from treating survivors of concentration camps. Many died because they got too much to eat too soon.

[xzins]

Judge Greer will put an injunction on them preventing them from rehearing it.

After all, he can do that to a governor who also outranks him.

[CitizenM]

Oh, I have thought about this and you are so right. But it is a miracle she has lasted this long, so perhaps there is another one on the horizon for Terri.

What I do fear is that the process starts, and then somehow Greer finds a way to have it stopped again. I would hate to see Terri become a "pin cushion" of sorts. And the stress would kill her parents as well as her. More prayers on my knees tonight.

[ExPatInFrance]

Starwise-
And all we heard is that the Terri's only hope was Jeb Bush. All remedies in the courts were exhausted. I hope and pray with you that this time, in her darkest hour Terri will get some JUSTICE!

Those who get Cable News Keep posting. I dont' get cable and I am relying on your posts for info.

[Netizen]

It says they asking for an immediate stay. I doubt it will do any good though because mikey has been claiming that he is only following Terri's wishes. He would jsut say that she waived her rights. I think the courts just want to give a pretense of dotting all the i's and crossing all the t's and pretend to be 'fair'. I truly hope I am wrong and thatTerri can benefit from this, but I have severe doubts.

[P-Marlowe]

It was grand of them to wait 12 DAYS! From the beginning, it made no sense to start starving this woman before ALL appeals were exhausted.

When you've fallen through the ice and you see a hand reaching out, you don't start looking to see if it's dirty. You just grab on to it and hold on for dear life.

[Mo1]

Judge Greer will put an injunction on them preventing them from rehearing it.

If he tried that .. the Fed Courts will smack him up side his head

[TexKat]

The US Senate passed legislation that congressional leaders hope will keep alive a heavily brain-damaged Florida woman, Terri Schiavo (R), who has been fed artificially for 15 years.(AFP/Getty Images/File)

Federal Appeals Court OKs Schiavo Review

ATLANTA - A federal appeals court early Wednesday agreed to consider a petition for a new hearing on whether to reconnect Terri Schiavo's feeding tube.

The ruling by the 11th Circuit Court of Appeals came as the severely brain-damaged woman entered her 13th day without nourishment.

Schiavo's parents, Bob and Mary Schindler, have maintained that Schiavo would want to be kept alive and have asked the courts to intervene. Schiavo's husband, Michael, insists he is carrying out her wishes by having the feeding tube pulled.

[over3Owithabrain]

Part of the reason people are just catching up is because the media is listening to the Jesse liberals and they were previously ignoring the usual pro-lifers. Thanks again media, for being late to the party and helping to starve a woman for 12 days.

[PeanutbutterandJellybean]

>>>I think they would have to put her on dialysis or something similar in order to get her blood back to normal.

Does that mean Michael Schiavo would have to ok the dialysis?

[MJY1288]

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

Watch the breaking news for several ambulances pulling up to the Hospice center in a few minutes

[Ethrane]

"It is highly probable that at this late juncture she may have suffered significant renal damage among a host of other things. If she has renal damage/failure after this, do you give her dialysis?

Well, I've noted at least one freeper (HiTech RedNeck) has offered his kidney."

Very noble and all, but something tells me that TS would not be a 'good' surgical candidate for organ transplantation.

[TruthSetsUFree]

No doubt. It's time for prayer. Because only God can turn this around in Terri's favor at this late hour and preserve her organs and life. But I know He can if it's His will, and I believe He will get all the glory.

[Hunble]

I stand by my statement.

At this point in time, this will be torture for her body.

[cherry]

no one is asking for CPR or antibiotics or oxygen or any of that .....she can be a DO NOT RESUSCITATE person and that would be just fine with me.......

what is absolutely disgusting is forbiding even a drizzle of water down her parched throat, and denying her what for her is normal nutrition, as it is for thousands of people here in the USA...

we all realize she has had brain damage.....