The 11th U.S. Circuit Court of Appeals: "The Appellant's emergency motion for leave to file out of time is granted."
Entering her thirteenth day without nourishment, late Tuesday Terri Schiavo's family received their first positive legal news since the U.S. Congress took up her case in an emergency session ten days ago.
The Circuit Court didn't say when it would decide whether to grant the hearing, and it was not clear what effect reconnecting Schiavo's feeding tube would have on her at this late date. Schiavo's father Bob Schindler described his daughter as "failing" on Tuesday. "She still looks pretty darn good under the circumstances. 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, Schiavo's mother, made this appeal to Michael Schiavo: "Michael and Jodi, you have your own children. Please, please give my child back to me."
- In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law. It also stated that the Atlanta federal appellate court didn't consider whether there was enough "clear and convincing" evidence that Terri Schiavo would have chosen to die in her current condition.
...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."
...Their attorneys raised the issue of the new request after a Saturday deadline set by the court, saying they have had more time to research the issues and have become convinced that the federal court in Tampa had "committed plain error when it reviewed only the state court case and outcome history."
Article comments
1 - Bennett
"This is essentially a fight about what to do with her body: He wants to dispose of it; they want to feed it. And the question arises: Once someone has decided to dispose of a resource, why would we want to stop someone else from retrieving it?"
No reason at all, EXCEPT that the courts have determined time and time again that Terri made it clear to her husband that SHE did not want to be kept alive by extreme measures.
If I go veggie, my wife knows to let me go flatline as well, ASAP.
2 - Eric Olsen
his somewhat convoluted argument is that the wishes of the living should supercede those of the "dead" when it comes to the disposition of the body
I'm not endorsing his view whole, just saying it's another perspective saying the case for continued feeding is more compelling
3 - gonzo marx
decent Points made Eric..
however..this goes beyond the simple Logic of cost analysis , and is directly derived from "final Wishes" of the individual involved..
the Courts have ruled, and upheld..that this WAs her personal Wish..to NOT continue under such circumstances..
we can argue the right or wrong of it, each has their own Opinion..but the fact of the matter is that the appropriate Court..via due process as described under Florida Law..determined that this was the Will of the person in Question..ie:Terri Schiavo
if we go with the Postulate that each Individual has the Right to make these determinations, and that in the case of a Dispute..the Court has the obligation to find fact, and make a Decision..
then i fail to see where ANY other consideration by ANYONE enters into it..
the ONLY point that can be disputed, under these circumstances...is that this was actually her Will...all else is moot
so far due process has upheld the initial Court Ruling that this was, indeed , her Will and Desire..
so no matter how ANY of the rest of us feel about it...whose business is it beyond the person involved...her immediate Family..and the appropriate Court as per Florida Law and due process?
i feel deeply for both sides of this Question...but that's why we have the Courts and the Rule of Law...to work this out in an Objective manner..
hopefully it will be Ended soon enough...
Excelsior!
4 - NancyGail
As long as she is still alive, the media circus continues. Her parents may love her, but only her death can stop the spectacle. Have you noticed the attention is on all those people who decided to step in where their help was not asked for?
5 - Temple Stark
Is no one going to mention the "do as I say not as I do aspects of theis case as relating to certain vocal parties who have been vehemently grandstanding?
There are two, that I know of. I haven't got time to detail it now.
6 - Eric Olsen
who ISN'T grandstanding?
7 - Dave Nalle
When Jesse Jackson shows up on your side you should know that your position has lost all real merit.
Dave
8 - Eric Olsen
hard to tell what his angle is