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

[JFC]

I agree with you. Not sure where some of these opinions are coming from.

[Saundra Duffy]

Father in Heaven, please save Terri from those that wish her harm, and bring her back to her family that loves her. In Jesus Name, Amen.

Amen. In Jesus Christ's Precious Name.

[JFC]

I agree with your statements.

[Peach]

Most of these people were never WITH the party anyway and are paid opinion shapers, imo.

[American72]

Michael Schiavo was witness to the verbal act of Terri stating that she wouldn't want to be kept alive.

And The Schlinder's had witnesses of Terri stating "Where there's life, there's hope." So who is telling the truth? Shouldn't the judge err on the side of life??? He didn't even order new exams to see the extent of her brain damage.

[snarkytart]

>>Believe me, you WILL miss MY TYPE in the Republican Party. We were the ones donating all the money and doing all the work. If I had a nickel for every precinct I have walked on behalf of the GOP and its candidates, I'd be rich. One time, my husband's feet literally bled from all the walking. And I have walked precincts in cold, rain and fierce heat. Never again.

It is sad that you cannot feel nor understand why I have a broken heart<<


I agree. The grass roots get out the vote effort by Christian evangelicals if the reason for 2002 congressional win and the 2004 BUSH victory.

Even Rove admits it.

So they want to sneer and call people nuts now....okay fine.

[ohioWfan]

We understand your broken heart, Saundra. I am devastated, and emotionally drained by grief.

But your rage toward Jeb Bush is just plain wrong. PLEASE think it through. He is NOT at fault here...........and somewhere in your heart of hearts, you know that.

You cannot believe he is an evil man, can you? (And cowardice that refuses to do what is within ones power to save a life IS evil). You have not answered my previous question. Do you really believe Jeb Bush is that despicable?

[JFC]

If your anger is turned towards the Republican party, all I have to say to you is adios. Yes, we will miss you but go on to where ever you feel the need to go and put your money and hard work into that party.

We have many others like me who do that same thing for the Republican party. I do not see that Jeb has done wrong here. IMHO, Jeb has done all he can do short of being arrested. What good would that do?

[JFC]

It is sad that you cannot feel nor understand why I have a broken heart.


Your not alone in your broken heart. But by blaming Jeb or the Republican party, I just don't understand your anger?
What more could they do?????

[American72]

If I am not mistaken, I believe Jeb Bush signed into law a bill that added "nutrition and hydration" to the definition of extraordinary life sustaining measures. If this bill would not have been signed, we might not be here in this position today.

[WhistlingPastTheGraveyard]

So they want to sneer and call people nuts now....okay fine.

Seems suicidal, doesn't it?

Peggy Noonan got it correct. Right or wrong, if Terri's murder isn't stopped, the Republican Party will pay dearly for it.

So will the country, when HRC is elected President in 2008.

[ohioWfan]

I'm a Christian and an Evangelical. The Republican party is not sneering at me, nor calling me nuts.

Most Christians understand the lengths that the Republicans in Congress and Jeb Bush and the President went to to save Terri's life.

Most Evangelical Christians do not think that Republican leaders should break the law. And most Evangelical Christians know that the Republican party is far closer to their values on the sanctity of life than the Dems are.

They aren't losing us over this.

[JFC]

So will the country, when HRC is elected President in 2008.

Does this mean, those of you leaving the Republican party of voting for Hillary? My party took a clear cut stand on Terri. Jeb would be arrested if he were to go into the hospice and remover her. We are a land of the law, and the law, (Judge Greer and other thugs) are the ones to vote against. But if you leave the GOP and go for INDEPENDANTS then go........ we are tired of being threatened by your type. Your alternatives are not better.

[Zivasmate]

I never expected to agree with Jesse Jackson on anything, probably not even that the Earth is round, but the Chief Shakedown Officer of Operation Push has the Schiavo case right.

It is said that as people age they begin to discover the errors of their ways , and maybe the Reverend is starting to do penitence for his lifetime of inane statements and insane views. Let's hope so. Can Al Sharpton be far behind?

[Lynne]

I am cubicle bound. What is the latest news on Terry and the court? Was a hearing held or is it just scheduled, or is the court waiting for papers? Can anyone update me? Thanks.

[Alamo-Girl]

Er, if I may…

We’ve all been around Free Republic for a long time and we’ve seen instances where a single issue and a single politician becomes a “straw that breaks the camel’s back” in the mind of a poster or a group of posters. Many of these are disingenuous as you say, but I believe something else is involved when the issue is “pro life”.

In sum, I perceive many “pro life” political activists as truly single issue voters. It is a matter of life and death because it is a matter of life and death. And among these, many are religious and thus the life and death also has an eternal element making them utterly inflexible.

We ought to try to understand that while at the same time making it very clear that politics – particularly faith-based politics such as trying to return to the founder’s moral code – only makes progress in baby steps. We remember Ronald Reagan for sweeping changes – but the truth is that he accomplished most everything one step at a time.

Sure, I’m disappointed that Jeb Bush didn’t send in the national guard to yank Terri out of the hospice like Janet Reno did to yank Elian to be sent back to Cuba. But, OTOH, he didn’t stand idly by during this whole saga either. If he hadn’t acted a few years back, Terri would already be gone and without all the national awareness of the pro life v pro death debate.

Because of Jeb Bush, George W. Bush, the legislators, the judiciary and the media – and especially the activists – people who were on auto-pilot concerning the issues (or didn’t know, didn’t care) are now awake!

To the religious pro lifers I strongly assert that we must all remember that there is something more important than life or death, even eternal life or death – and that is God’s will. We must put His will above everything – including our support for/against particular politicians and parties.

Personally, I can see God’s will being accomplished in the way Terri’s story has played out on our national stage because it puts the onus on each of us, in the spirit where it truly counts. Everyone who has even heard of Terri’s plight – much less the ones who were involved on either side – will be faced with spiritual conviction for the rest of their lives: were we seeking God’s will or our own?

I can also see God’s will being accomplished by making it personal with the Supreme Court who did nothing for life and will this year be hearing the Oregon euthanasia law – the myriad baby boomers at risk of Alzheimer’s awash in a funding gap with Social Security and young workers anticipating the burden without relief (if the Democrats have their way) – the legislators in every state and at the Federal level having to face up to all sides - and so much more.

To the single issue pro-life voters, I ask all of you to “hang in there” – this is only the beginning, not the end of the work to be done. We are on God's clock, not our own. Terri’s sacrifice will help the pro life cause, but not if the single issue pro life activists withdraw from the political scene.

[ClaireSolt]

HINO would be Husband-in-Name-Only

[Madeleine Ward]

I think those who are critical of Bush are responding to the opinions of some pretty respected conservatives who have said in voice or print that Jeb Bush does have the authority to take action under his executive powers. Of course, others are saying that he doesn't, obviously.

Judge Greer had two sides to choose from as well.

[WhistlingPastTheGraveyard]

If you're going to ask a question, at least wait for the answer before you throw out the "we don't need you" speech.

If Terri dies, a significant portion of the party's pro-life constituency will be disillusioned and stay home in 2006 and 2008. Hence, Hillary and Bill (they'll be running together under a "Buy One Get One Free II" ticket) will energize their base while a sizable portion of the right will remain demoralized and stay home. It's really simple. The Republican Party without an energized pro-life base is as viable as a Democratic Party without its black base. They can't win.

My meaningless vote here in Occupied Kalifornia doesn't make a damn bit of difference one way or the other.

Just one man's ametuer analysis. You're free to take it or leave it.

[antiRepublicrat]

And The Schlinder's had witnesses of Terri stating "Where there's life, there's hope." So who is telling the truth? Shouldn't the judge err on the side of life???

The judge believed the husband and guardian. Quite understandable.

He didn't even order new exams to see the extent of her brain damage.

In addition to the how many that have already been performed? How many is enough before the Schindlers believe? I have a feeling that all the tests in the world would not be enough for them. I have a feeling that 100 de novo reviews of the case all siding with Michael Schiavo would not keep them from claiming her rights had been violated.