I am astounded that this court has decided to intervene now. If they don't hold for the Schindlers, they are really being cruel.
The New York Times
March 30, 2005
Appeals Court to Consider a Petition in the Schiavo Case
By THE ASSOCIATED PRESS
Filed at 5:50 a.m. ET
PINELLAS PARK, Fla. (AP) -- In a rare legal victory for Terri Schiavo's parents, a federal appeals court agreed to consider their request for a new hearing on whether to reconnect their severely brain-damaged daughter's feeding tube.
The 11th U.S. Circuit Court of Appeals in Atlanta ruled without comment late Tuesday and did not indicate when it would consider the motion. Last week, the same court twice ruled against Schiavo's parents, who are trying to keep her alive.
But time was running out -- Bob Schindler described his daughter as ``failing'' on Tuesday, her 12th day without nourishment.
``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.''
Doctors have said Schiavo, 41, would probably die within a week or two of the tube being removed.
The request for a new hearing also asks to have the tube reinserted immediately ``in light of the magnitude of what is at stake and the urgency of the action required.''
Tuesday's decision was a ray of hope for the Schindlers, who have lost a string of court battles over their daughter's fate. The case has wound its way through six courts for seven years; the U.S. Supreme Court declined to intervene five times.
Protesters keeping a 24-hour vigil outside the hospice praised the latest order.
``There's a chance for a miracle,'' said Christine Marriott, 43, who rushed to the hospice after hearing the news on TV. ``Anything positive is a breath of life.''
Terri Schiavo's feeding tube was removed March 18 on a court order sought by her husband, Michael, who contends she wouldn't want to be kept alive artificially. 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.
But the Schindlers have maintained that their daughter would want to be kept alive. On Tuesday, they asked the appeals court to consider their request for a new hearing based on the seven-year history of evidence in the case, rather than whether previous Florida court rulings have met legal standards under state law.
The request contends that the federal court in Tampa had ``committed plain error when it reviewed only the state court case and outcome history.''
Attorneys for the Schindlers have argued that Terri Schiavo's rights to life and privacy were being violated.
Attorneys for the Schindlers and Michael Schiavo didn't immediately return phone messages early Wednesday.
``I think the courts want to be sure that there's no accusation that any legal argument was ignored,'' said attorney Neal Sonnett, former chairman of the American Bar Association's criminal justice section.
Federal courts were given jurisdiction to review Schiavo's case after Republicans in Congress pushed through unprecedented emergency legislation aimed at prolonging Schiavo's life. But federal courts at two have levels rebuffed the family.
On Tuesday, Mary Schindler 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's collapse.
Although supporters of the Schindlers have claimed the dehydrated woman is being denied comforts 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.''
The Rev. Jesse Jackson prayed with the Schindlers on Tuesday 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.''
Jackson said he asked Michael Schiavo for permission to see Terri 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.''
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. The man had two bottles of water with him but did not reach the hospice door, police said.
On Tuesday, the Schindlers had lost a round in the courts when an appeals court upheld a previous ruling by Pinellas Circuit Judge George Greer that blocked the Department of Children and Families from intervening in the case. |
