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

[carl in alaska]

You may leave this site at any time and you will not be missed. If you don't understand the importance of this case, then I doubt that I could ever convince you of that now.

[CyberAnt]

"research"

I have to do research to determine if some person is being sarcastic or not - ROTFLOL!!!

[flowergirl]

we are hopeful that this will result in Terri being re hydrated and a new hearing with the ignored facts by a federal court.

[mjtobias]

They got act quick!

Preferably before day break.

Please Lord let it be.

[bd476]

Oceanperch wrote: "Thank You Lord."

Amen, thank you Lord.

Oceanperch wrote: "He works in mysterious ways."

Indeed he does. He works in Perfect, Miraculous, Mysterious ways.

[Deo volente]

"I can't even stand to come to this site anymore because of the fanatic unreasonableness of the Terri Cult."


GOOD.

One less troll to deal with.

btw, nice little blasphemous reference to the Blessed Virgin Mary in your post there.

[flaglady47]

"Excuse me, do you think this appeal has a real chance or is this more window dressing in your opinion?"

Well, time is running out, but you never ever know how a court might rule. If they rule right off the bat that the feeding tube be re-inserted before the hearing is held, or they have the hearing right away, and rule right after it that the feeding tube should be re-inserted, I guess this would then be more than window dressing. However, it appears this is a last minute Hail Mary pass, to see if the entire 11th Circuit Court of Appeals, meeting en banc (all of them) will have enough of its members change their minds from previous decisions to swing this case the parents' way. Will be interesting to see what happens tomorrow and/or the next day.

However, this last minute appeal may become moot if Terri doesn't make it past tomorrow or the next day. I'll bet George Felos is in a tither. I understand he's been averaging about 3 hours of sleep per night, and it appears he'll again sleep very little trying to respond to this request on the Schindler's behalf to re-insert the feeding tube and have a hearing en banc. I would guess this won't go very far, but again, you never know until you know.

[CyberAnt]

I didn't see this. I can't stand Colmes and therefore I don't watch HandC. Sometimes I'll listen to Hannity on the radio - but that's it.

[Hunble]

Hey, you can attack me all that you want.

Please do not attack other Freepers....

Be nice and play by the rules.

[Catholic Tider]

Thanks flower....please Lord allow this child of yours to overcome this travesty.

[snarkytart]

Yes but they could have refused all together correct??

How many voted in favor of the Schindlers last time and how many judges are there in total on the 11th???

thanks

[snowsislander]

The first judge should have ordered her to be rehydrated and fed immediately while the case is litigated.

Yes, he should have. Judge Whittemore however decided to run out the clock in a nasty show of judicial malfeasance.

And in the second round, he again was unduly dilatory. In many ways, he is next in culpability in the unconstitutional execution of Mrs. Schiavo after Judge Greer.

[pulaskibush]

There are other threads. If you don't like a thread, you can go to another thread or go to your state forum.

I ignore the personal insulters and talk with the majority of rational people.

[WhistlingPastTheGraveyard]

Go to the websites mentioned, and look it up yourself.

Like Media Matters?

Is that you, Brock, trolling for hits?

[Vapor3]

America is approaching the Rubicon with the Schiavo case. When she dies we will no longer be clean,we will no longer have any moral authority in the world for we will have shown the world that we know no mercy.

[HowlinglyMind-BendingAbsurdity]

I really don't understand those Freepers who attack those pro-life members who defend Terri's right to life. The pro-life cause is a very important part of the conservative movement. It played a MAJOR role in getting George Bush elected as president and defeating John Kerry. It continues to play a major role in restoring moral values and Christian culture to the center of American life (where they should be). And in defending innocent life in order that we survive as a healthy society and a moral civilization.

[Ernest_at_the_Beach]

Jesse Jackson

jesse is always looking for a way to get his face on TV!!! But perhaps he will be of help!

[AndrewC]

I have to do research to determine if some person is being sarcastic or not - ROTFLOL!!!

No, you can choose other options, such as being civil and communicating. You are choosing to be uncivil. Have it your way.

[Jrabbit]

I wish we could see the filing. CNN has a crawler on the screen that says Gibbs is argueing that he can prove that Michaels assertion that Terri wouldn't want to live is wrong. Also something about new revelations after more research....I can't remember it all.

Funny, Felos had no clue about this til CNN Radio called him. He's not a happy camper.

[Deo volente]

I wasn't responding to you.

I was responding to his post #642.

As a Catholic, I was offended by his reference to Our Lady, which bordered on the blasphemous.

How are you involved in this?