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Federal Court To Consider Appeal By Schiavo's Parents

Parents Say Daughter Is Weak, Emaciated

POSTED: 10:32 am EST March 29, 2005
UPDATED: 1:04 am EST March 30, 2005

More than 12 days after Terri Schiavo's feeding tube was removed, a federal appeals court is offering some new hope to her parents.

The Eleventh Circuit Court of Appeals in Atlanta will allow her parents to file a motion for a rehearing on their previous request to have the feeding tube reinserted.

Bob and Mary Schindler are raising the question of whether a Tampa federal judge should have considered the entire state court record and not just the procedural history in denying the request.

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While the court in Atlanta has agreed to consider the motion filed on behalf of the parents, there is no time frame for the court's review.

The severely brain-damaged woman has gone without nutrients or water since March 18.

Earlier Tuesday, first lady Laura Bush said the government was right to have intervened in the Terri Schiavo case.

Mrs. Bush calls the dispute over the removal of a brain-damaged Florida woman's feeding tube "a life issue that really does require government to be involved."

But the first lady said she's sorry for the family that it has to be so public because, as she put it, it's "such a very, very difficult time for them and for everyone who watches Terri."

Bush said she has been encouraged to hear that the case has prompted more people to inquire about living wills. The first lady spoke with reporters about the Schiavo case while en route to Afghanistan.

TERRI SCHIAVO, 1963-2005

Earlier Tuesday, the Rev. Jesse Jackson said Terri Schiavo's case "transcends politics and family disputes."

He was visiting the Florida hospice where the severely brain-damaged woman has gone without nutrients or water since March 18. Jackson called her treatment an "injustice" and said denying her a feeding tube and water is "unnecessary."

Schiavo's parents, Bob and Mary Schindler, invited the civil rights leader after he issued a statement last week calling for the woman's feeding tube to be reconnected. Some demonstrators applauded Jackson when he arrived and shouted, "This is about civil rights."

Schiavo's family is still urging President George W. Bush, Congress and Florida Gov. Jeb Bush to intervene.

Schiavo's father said she is weak and emaciated. Her husband's attorney says the 41-year-old brain-damaged woman is calm and peaceful.

She is under police guard at a Pinellas Park hospice as she enters her twelfth day without food and water.

At least two appeals by the state are seeking the tube's reconnection, but the challenges are before a state appeals court that has rejected previous efforts to intervene.

The chief medical examiner for Pinellas County has agreed to perform an autopsy on Terri Schiavo. Her husband wants definitive proof showing the extent of her brain damage.

Michael Schiavo contends his wife told him years ago she would not want to be kept alive artificially under such circumstances.

An attorney for Schiavo's parents, David Gibbs III, said her family also wants an autopsy.

"We would certainly support and encourage an autopsy to be done with all the unanswered questions," Gibbs said.

Man Threatens Schiavo's Philadelphia In-Law

Philadelphia police said a man made a death threat to the sister-in-law of Michael Schiavo.

The threat was made by an unknown man. He approached the wife of Schiavo's brother, William, as she was on her way to work.

That's according to police Sgt. Andy Smith. He said the man called the woman a murderer. Smith said she told the man he didn't know the family. Smith said the man replied -- in these words -- "If Terri dies, I'm going to come back and shoot you and your family."

No arrest has been made. Police said they are taking the threat very seriously.

Activists Appeal To God, Congress

Police guarding Schiavo's hospice have arrested eight more protesters who tried to bring her water. So far, 46 demonstrators have been arrested.

Christian activists who want Schiavo's feeding tube reinserted said Congress should enforce its subpoena ordering that she be brought to Washington.

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Mike McMonagle, of the Pro-Life Union of Southeastern Pennsylvania, said the fight to save Schiavo's life "is about the soul of our nation and the soul of our church."

McMonagle contrasted the rain outside the White House with the thirst that's slowly killing the brain-damaged woman.

The Rev. Patrick Mahoney, of the Christian Defense Coalition, prayed that God would "send spiritual awakening" to America so that "the dignity and sanctity of life is honored and revered."

Is Death Better Than Disability?

Disabled activists are raising their voices as the final stages of the Schiavo drama play out. They said they're sending a message that she is one of them: a disabled person whose life is worthy of living.

A few made a dramatic demonstration over the weekend, laying on the ground next to their wheelchairs outside Schiavo's Florida hospice.

The groups want Congress to consider requiring federal courts to review cases where the wishes of a legally incapacitated person aren't written down and when family members disagree about whether to withhold food and water.

They're also pushing lawmakers to drop proposed cuts in Medicaid, which many say would erode the quality of life for disabled people who can't afford their own care.

Some activists hope to end what they see as a perception that it's better to be dead than live with a disability. That perception, said one, leads to discrimination.


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