by Steven Ertelt
March 30, 2005
Atlanta, GA (LifeNews.com) — A federal appeals court in Atlanta has reconsidered its earlier decision preventing Terri Schiavo’s parents from having a hearing on their lawsuit to stop their daughter’s painful starvation death. The decision gives new hope to Bob and Mary Schindler, who have been watching Terri slowly die for almost two weeks.
Last week, the 11th Circuit Court of Appeals had rejected the Schindlers’ request for an immediate injunction preventing the starvation and to take the case on a 10-2 vote.
A three judge member of the panel twice ruled against the Schindlers and they opted not to file an appeal with the full 11th Circuit, declaring their legal battle dead.
Yet, in papers filed with the appeals court late Tuesday, David Gibbs, the lead attorney for the Schindlers said that a federal district court twice "committed plain error when it reviewed only the state court case and outcome history.”
Now, the 11th Circuit will consider the case based on its facts rather than if rulings by Florida courts were in line with state law.
A new review of the case based on its facts is what was authorized under legislation approved by Congress and supporters of Terri and her parents say federal courts erred by ignoring the mandate for a new review in the bill.
The Schindlers also asked the 11th Circuit to immediately require the reinsertion of Terri’s feeding tube, to prevent her death "in light of the magnitude of what is at stake and the urgency of the action required.”
According to an Associated Press report, Terri’s father described her as in "failing” health 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.”
Mary Schindler also directly appealed to Terri’s estranged husband Michael and his live-in girlfriend Jodi Centonze, with whom he has two children.
"Michael and Jodi, you have your own children. Please, please give my child back to me," she said.
The appeals court action comes a day after Jesse Jackson and First Lady Laura Bush weighed in on the case in favor of the Schindlers.
"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,” Jackson said. "This is a moral issue and it transcends politics and family disputes.”
Jackson asked to visit Terri but Michael denied him permission.
Terri Schiavo’s feeding tube was removed on the afternoon of March 18 and she has been deprived of food and water ever since.
Related news stories:
Terri Schiavo Case Reveals How We Treated Disabled Americans
Related web sites:
Terri Schiavo’s parents – https://www.terrisfight.org