Federal Appeals Court OKs Schiavo Review
3 minutes ago
By MIKE SCHNEIDER, Associated Press Writer
ATLANTA - A federal appeals court early Wednesday agreed to consider
a petition by Terri Schiavo's parents for a new hearing on whether to
reconnect their severely brain-damaged daughter's feeding tube.
The ruling by the 11th U.S. Circuit Court of Appeals came on
Schiavo's 12th day without nourishment. The Schindlers had argued
that the District Court "committed plain error when it reviewed only
the state court case and outcome history."
Now, the court is considering the request for a new trial rather than
whether the state court rulings have met legal standards under
Florida law, which is what federal courts have done in the case up to
Earlier Tuesday, Schiavo's father, Bob Schindler, described his
daughter as "failing" 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."
Schiavo's parents have maintained that their daughter would want to
be kept alive. Schiavo's husband, Michael, insists he is carrying out
her wishes by having the feeding tube pulled.
Federal courts were given jurisdiction to review Schiavo's case after
Republicans in Congress pushed through unprecedented emergency
legislation over the weekend aimed at prolonging Schiavo's life. But
federal courts at two levels rebuffed the family.