Schiavo Case In Appeals Court

Bob Schindler, center, father of Terri Schiavo, walks with his daughter Suzanne Vitadamo, second from left, his son-in-law Michael Vitadamo, and spiritual advisors Brother Hilery McGee, left, and Brother Paul O'Donnell, after a hearing at the United States Courthouse, March 21, 2005, in Tampa, Fla. AP

Warning that Terri Schiavo was "fading quickly" and might die at any moment, her parents begged a federal appeals court Tuesday to order the severely brain-damaged woman's feeding tube reinserted.

David Gibbs III, attorney for parents Bob and Mary Schindler, told the 11th U.S. Circuit Court of Appeals in Atlanta that the 41-year-old woman might die before they could get a chance to fully argue their case that her rights are being violated. The appeal came after a federal judge in Tampa rejected the parents' emergency request.

"Where, as here, death is imminent, it is hard to imagine more critical and exigent circumstances," Gibbs said in the appeal filed electronically with the court. "Terri is fading quickly and her parents reasonably fear that her death is imminent."

There was no immediate indication of when the appeals court might rule.

Even before the parents' appeal was filed, the woman's husband urged the 11th Circuit not to grant an emergency request to restore nutrition.

"That would be a horrific intrusion upon Mrs. Schiavo's personal liberty," said the filing by Michael Schiavo's attorney, George Felos. He filed a response to the Schindlers' appeal and said he would go to the U.S. Supreme Court if the tube were ordered reconnected.

"We still ought to expect a ruling sooner rather than later. The appeals judges know as well as anyone else the time factor involved here,'' notes CBS News Legal Analyst Andrew Cohen

"No matter what this court decides, the case will go next to Justice Anthony Kennedy at the U.S. Supreme Court. He will have the option of rejecting the case himself or of granting the injunction, even temporarily, or getting his colleagues to decide whether to take the case outright. This process, too, could take a few hours at minimum,'' said Cohen.

The Schindlers have been locked for years in a battle with Schiavo's husband over whether her feeding tube should be disconnected. State courts have sided with Michael Schiavo, who insists his wife told him she would never want to be kept alive artificially.

Late in the afternoon, the Schindlers arrived at the hospice, and Terri's mother again pleaded with state lawmakers to save her daughter's life.

"Please, senators, for the love of God, I'm begging you, don't let my daughter die of thirst," Mary Schindler said.

With that, she broke down and was escorted away.

In court documents, the couple said their daughter began "a significant decline" late Monday. Her eyes were sunken and dark, and her lips and face were dry.

"While she still made eye contact with me when I spoke to her, she was becoming increasingly lethargic," Bob Schindler said in the papers. "Terri no longer attempted to verbalize back to me when I spoke to her."

The feeding tube was disconnected on Friday. Doctors have said Terri Schiavo could survive one to two weeks without water and nutrients.

Louise Cleary, a spokeswoman at Woodside Hospice, said she could not discuss Terri Schiavo's condition for reasons of privacy.

Over the weekend, Republicans in Congress pushed through unprecedented emergency legislation aimed at prolonging Schiavo's life by allowing the case to be reviewed by federal courts.

However, early Tuesday, U.S. District Judge James Whittemore of Tampa rejected the parents' emergency request under that legislation to have the tube reconnected, saying they had not established that they would probably prevail at a trial on their claim that Terri Schiavo's religious and due process rights have been violated.

Bobby Schindler, her brother, said his family was crushed.

"To have to see my parents go through this is absolutely barbaric," he said on ABC's "Good Morning America." "I'd love for these judges to sit in a room and see this happening as well."

And although the politicians claim only the noblest intentions in getting involved, CBS News Correspondent Wyatt Andrews reports that some politicians see the benefits of .

One memo circulating in the Senate last week touted how the "pro-life base will be excited by the issue," Andrews reports. Republican leaders strongly disavowed that, but last Friday House Leader Tom DeLay told the Family Research Council --a leading Christian group -- the Schiavo case was sent by heaven to focus attention on the helpless.

"On thing that God has brought to us is Terry Schiavo, to help elevate the visibility of what's going on in America,'' DeLay said Friday.

By mid-afternoon, about 75 protesters gathered outside the hospice, virtually all of them upset with Whittemore's decision. They carried signs and shouted through bullhorns, and a Catholic Mass was celebrated. One woman was arrested for trespassing after trying to bring Schiavo a cup of water.

Among those supporting the federal judge's decision was Richard Avant, who lives down the street from the hospice and carried a sign reading "Honor her wishes."

"We represent the silent majority, if you look at the polls," Avant said. "We agree that Congress overstepped their bounds."

The Bush administration "would have preferred a different ruling" from the federal judge, White House press secretary Scott McClellan said in Albuquerque, N.M., where the president was visiting a senior center. "We hope that they would be able to have relief through the appeals process."

The Justice Department also filed a court statement, saying an injunction was "plainly warranted" to carry out the wishes of Congress to provide federal court jurisdiction over the case.

Unless the feeding tube is reinserted, the department said, Schiavo may die before the courts can resolve her family's claims. "No comparable harm will be caused" by letting Schiavo live while the case is reviewed, the filing said.

At the same time, Howard Simon, executive director of the American Civil Liberties Union of Florida, praised the ruling. "What this judge did is protect the freedom of people to make their own end-of-life decisions without the intrusion of politicians," he said.

Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly from a chemical imbalance believed to have been brought on by an eating disorder. Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery.

Her parents argue that she could get better and that she would never have wanted to be cut off from food and water.
  • Lloyd Vries

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