Federal Appeals Court May Consider Emergency Bid in Schiavo Case
Terri Schiavo’s parents filed yet another emergency bid with a federal appeals court in hopes of reconnecting their daughter’s feeding tube late Tuesday.
Terri Schiavo’s parents filed yet another emergency bid with a federal appeals court in hopes of reconnecting their daughter’s feeding tube late Tuesday. Although the court did not say whether it would grant the hearing, it agreed to consider the emergency bid, raising hopes that Schiavo may have her tube reinserted nearly two weeks after it was pulled out by a court order.
The 11th U.S. Circuit court of Appeals in Atlanta allowed Bob and Mary Schindler to file the appeal, even though the court had set a March 26th deadline for doing so.
"The Appellant's emergency motion for leave to file out of time is granted,” the court’s statement read.
In requesting the new hearing, the Schindlers said a federal judge in Tampa should have considered the entire state court record on file and not just whether previous Florida court rulings met legal standards under the law, according to AP. The request also stated that the appellate court did not consider enough whether there was “clear and convincing” evidence that Terri would have chosen to die as her husband contends.
Doctors say Schiavo would probably die within two weeks after the tube was removed. However, at 13 days, her bodily functions were “still working”, according to her father.
"She still looks pretty darn good under the circumstances," Bob 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."
The request for the new hearing also asks for the tube to be reinserted immediately "in light of the magnitude of what is at stake and the urgency of the action required."
Meanwhile, protestors have kept their 24-hour vigils outside the hospice that began when Terri’s tube was removed. While most of the Terri supporters have generally been peaceful, some 48 were arrested to date – mostly for trying to smuggle in food and water to the disabled woman.
