Court To Hear Schiavo Request

A federal appeals court early Wednesday granted Terri Schiavo's parents the right to file a petition for rehearing for an injunction that could allow their daughter's feeding tube to be reconnected.

The ruling came just after midnight from the 11th U.S. Circuit Court of Appeals in Atlanta.

In this court filing, Schiavo's parents - Bob and Mary Schindler - argue that the District Court "committed plain error when it reviewed only the state court case and outcome history."

Anita Fanshaw, 43, one of the protesters outside Schiavo's hospice in Pinellas Park, Fla., praised the court's decision.

"God has a way of making things work," she said.

The ruling, says CBSNews.com Legal Analyst Andrew Cohen, is a chance for the Schindlers "to make another argument to the federal appeals court, an argument that is a little different than the argument they've made before and lost. But they still face the same problem they did last week: they still have to convince the federal courts that the state courts in Florida got it all wrong legally when they permitted the feeding tube to be disconnected."

All the Atlanta court did was to give the Schindlers a break and allow them to continue their appeals in federal court despite the fact that they missed a March 26 deadline.

"It still is the longest of longshots to expect any help here for the Schindlers," says Cohen. "They still are asking the federal courts for extraordinary help without much legal precedent or strong facts to back up their claims."

Schiavo's parents have maintained that their daughter would want to be kept alive. Schiavo's husband, Michael, insists he carried out her wishes when her feeding tube was disconnected on March 18th.

Doctors have said Terri Schiavo, 41, would probably die within a week or two of the tube being removed. She suffered brain damage in 1990 when her heart stopped for several minutes due, according to doctors, to a chemical imbalance apparently brought on by an eating disorder.

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.

Bob Schindler says his daughter's condition is "failing" after no food or water since her feeding tube was disconnected on March 18th. Even so, he adds that "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."

On Tuesday, the Rev. Jesse Jackson prayed with the Schindlers and joined conservatives in calling for state lawmakers to order her feeding tube reinserted.

The former Democratic presidential candidate was invited by Schiavo's parents to meet with activists outside Schiavo's hospice. His arrival was greeted by some applause and cries of "This is about civil rights!"

"I feel so passionate about this injustice being done, how unnecessary it is to deny her a feeding tube, water, not even ice to be used for her parched lips," he said. "This is a moral issue and it transcends politics and family disputes."

Tuesday, Mary Schindler made a terse appeal to Michael Schiavo and the woman with whom he now lives: "Michael and Jodi, you have your own children. Please, please give my child back to me." Michael Schiavo and fiance Jodi Centonze have two children, born long after Terri Schiavo fell into paralysis.

Although supporters of the Schindlers have claimed the dehydrated woman is being denied comfort measures such as ice chips for her dry mouth or balm for chapped lips, George Felos, the husband's attorney, defended how Schiavo is being cared for.

"Obviously, the parents and the siblings are desperate. Desperation may lead to different perceptions," Felos told CNN. "I can only tell you what I've seen, and Terri is dying a very peaceful, cared-for death."

Jackson said he asked Michael Schiavo for permission to visit Terri Schiavo but was denied. He also telephoned black legislators in a last-ditch effort to bring back a bill that would prohibit severely brain-damaged patients from being denied food and water unless they have living wills expressing wishes to the contrary. Lawmakers rejected the legislation earlier this month and appear unlikely to reconsider it.

One of those contacted by Jackson, Democratic state Sen. Gary Siplin, said he told Jackson the issue has been "thoroughly discussed." Senate Democratic leader Les Miller added, "I have voted. It's time to move on."

The chief sponsor of the measure, State Sen. Daniel Webster, said he knew of no changed votes and that Jackson's efforts may have come too late.

"If he could sway votes - and I'm certain he may be able to - it would have been helpful if he had done that a little earlier" said Webster, a Republican. "We're running out of time. To do it now is not as timely as a couple of weeks ago would have been."

First lady Laura Bush also commented on the case Tuesday, saying the government was right to have intervened on behalf of Schiavo.

"It is a life issue that really does require government to be involved," said Mrs. Bush, aboard a plane bound for Afghanistan, where she was to promote education and women's rights.

During Jackson's visit, a man was tackled to the ground by officers when he allegedly tried to storm into the hospice. He became the 47th protester arrested since the feeding tube was removed. Police said the man had two bottles of water with him but did not reach the hospice door.