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

[jude24]

Her cerebral cortex is liquified. She only has brain stem function. It's in the guardian ad litem report.

[piasa]

What did you eat for lunch today?

[jacquej]

Too me, the basic argument here is this. Materialists have one view of life, and those who believe in a Creator of all have a completely view.

One side is right, and the other wrong.

[UnbelievingScumOnTheOtherSide]

Although, I maintian Terri Schaivo is beyond disabled. "Disabled" means that you can't do some things, but you still have consciousness. Terri is brain-dead. Only her brain stem still works. That's well past the bright line of "disabled" to dead.

If I am a solipsist then I wouldn't believe that anybody has consciousness but me. The fact is, consciousness is entirely subjective and you can't tell the difference between anyone and a lifeless automaton going through the motions because you can't get inside anyone else's heads.

[NautiNurse]

I am addressing your definitions--again, they are factually false.

[piasa]

I hope that wasn't too tough a question.

[jude24]

It's an irrelevant question.

[UnbelievingScumOnTheOtherSide]

Too me, the basic argument here is this. Materialists have one view of life, and those who believe in a Creator of all have a completely view. One side is right, and the other wrong.

No, the issue is beyond right and wrong. You cannot agree on what is right or wrong if you cannot agree on the standard of right and wrong on which an action is to be measured.

[cpforlife.org]

Thanks.

Oh man it just keeps getting worse!

Thanks for Why Judicial Appointments Do NOT Matter (Schiavo) It's a keeper.

Please let me know what you think about http://www.cpforlife.org/id139.htm

Thanks!

[northernlightsII]

#874 "I believed she died 15 years ago"
This statement is neither correct in fact or in law.
You repeat the same error in this post.
You will not find a single medical or legal authority to support your claim that she is not disabled but dead.

[lainde]

If you're really interested in facts, I'm linking you to the codeblueblog. You might benefit from the medical information/discussion. I'll repeat his challenge to any radiologist. Review the atrophied CT scans of many elderly patients who are functioning quite well thank you and daring anyone to pick out the PVS patient. (I can personally assure you, it would be difficult).

http://codeblueblog.blogs.com/codeblueblog/

If this doesn't come out as a direct link, you can cut and paste.

[northernlightsII]

You still have to respond to my previous post regarding the 1st gurdian ad litem report.
It seems you are not very good with definitions nor with stating the facts of the case accurately.

[piasa]

Wrong answer. I didn't think it'd be that tough for you to answer. Are you disabled?

[NautiNurse]

Let me walk you through this slowly:

Under the ADA, an individual with a disability is a person who:

1. has a physical or mental impairment that substantially limits one or more major life activities;
2. has a record of such an impairment; or
3. is regarded as having such an impairment.

One of the basic clinical requirements for brain death is the absence of spontaneous respirations.

Just because you want it to be true doesn't make it fact.

[syriacus]

What do you make of the article that the link at post 50 on this thread leads to?

Any reason for optimism there?

[jude24]

Okay. "Brain dead" is sloppy terminology.

Her cerebral cortex is virtually dead, is it not? It's liquified, is it not?

The functional part of her brain is the brain stem, correct?

Am I right on this part?

[UnbelievingScumOnTheOtherSide]

Please let me know what you think about http://www.cpforlife.org/id139.htm

Just a glance at the links tells me you think exactly what I've been posting for two weeks. Another thread to look at:
OPEN LETTER TO HUGH HEWITT RE: TERRI SCHIAVO and the JUDICIAL OLIGARCHY
http://www.freerepublic.com/focus/f-news/1368633/posts

[northernlightsII]

For you edification since you are so quick to dispense with those you deem unworthy please remember
"THAT WE ARE ALL ONLY TEMPORARILY NON IMPAIRED."

[AmericaUnited]

The 11th circuit is just pathetic in this. Nothing more than ceremonial hand washing. If they find in favor of the appeal, what order would we get from them.....

"A resurrection is hereby so ordered!

[NautiNurse]

"Brain dead" is sloppy terminology.

You got that right. Now, let's work on the disability definition.