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Schiavo's Parents Seek Help From U.S. Supreme Court (Update2)

By Greg Stohr

March 24 (Bloomberg) -- Terri Schiavo's parents, rejected twice yesterday by a federal appeals court, asked the U.S. Supreme Court to order reinsertion of the feeding tube that has kept their brain-damaged daughter alive.

The parents, Bob and Mary Schindler, filed their request late yesterday with Justice Anthony M. Kennedy, who may refer it to the full court. The high court previously refused to get involved. Meanwhile, in Florida, Governor Jeb Bush renewed his effort before a state judge to reconnect the tube.

``On behalf of her parents, we respectfully plea for the life of their daughter whom they love more than life itself,'' the Schindlers' lawyers argued in a 40-page filing with the Supreme Court in Washington.

The emergency request came about eight hours after the 11th U.S. Circuit Court of Appeals in Atlanta turned away a petition from the Schindlers on a 10-2 vote. That left intact a three-judge panel's decision, issued earlier yesterday, not to order that feeding be resumed.

Schiavo, 41, suffered severe brain damage in 1990 when her heart stopped because of a chemical imbalance. Her husband and legal guardian, Michael Schiavo, waged a seven-year legal battle in Florida courts to remove her feeding tube in accord with what he said were her wishes not to be kept alive artificially.

Previous Refusals

Three times earlier this year, the justices refused to get involved in the Florida woman's right-to-die case, which has divided both her family and the nation.

After Schiavo's feeding tube was removed last week, Congress and President George W. Bush took the extraordinary step of authorizing a federal court lawsuit by her parents. The question before the Supreme Court is whether to order the tube reinserted while that lawsuit goes forward.

The statute ``clearly presupposes that Terri Schiavo will be alive to participate in the trial of the federal claims that will be filed in her name,'' the Schindlers argued.

In response, Michael Schiavo told the high court the new law is unconstitutional because the Florida state courts have already concluded that his wife wouldn't want to live in such a condition.

``That Mrs. Schiavo will likely die if the court of appeals' decision is allowed to stand is no reason to grant the application,'' his lawyers said. ``Rather, that is the only result consistent with her wishes, as ascertained after exhaustive legal proceedings, and the only result that vindicates her rights under the Florida and U.S. Constitutions.''

`Nation of Laws'

The Schindlers and their supporters, including Jeb Bush, also are pressing other arguments at lower court levels. A judge may rule today on a bid by the Florida Department of Children and Families to take custody of Schiavo and reinsert her feeding tube. The agency points to the statement of a neurologist who observed Schiavo and says she might not be in the ``persistent vegetative state'' other doctors have diagnosed.

The three-judge 11th Circuit panel, ruling yesterday, said the Schindlers ``failed to demonstrate a substantial case on the merits of any of their claims.''

``There's no denying the absolute tragedy that has befallen Mrs. Schiavo,'' the court's 2-1 ruling said. ``We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law. In the end, and no matter how much we wish Mrs. Schiavo had never suffered such a horrible accident, we are a nation of laws.''

Nineteen Judges

The appeals court upheld a ruling issued a day earlier by a federal judge in Tampa. In the last seven years, 19 Florida judges have heard the case and all sided with Michael Schiavo.

Following yesterday's rulings, the Florida Senate defeated a bill, 21-18, to authorize reattachment of the feeding tube.

The Supreme Court in January refused to hear an appeal by Jeb Bush that sought to revive a state law aimed at prolonging Schiavo's life. Last week, the high court again refused to get involved, rejecting requests from the Schindlers and from a U.S. congressional committee.

Governor Bush, the president's brother, said at a press conference yesterday that the new diagnosis of Schiavo by neurologist William Polk Cheshire Jr. suggests she is in ``a state of minimal consciousness.''

``This new information raises serious concerns and warrants immediate action,'' Governor Bush said. ``If there's any uncertainty, we should err on the side of protecting her. We're exhausting all executive options and are continuing to work with the Florida legislature to save Terri's life.''

Possible Misdiagnosis

An affidavit with information on the possible misdiagnosis of Schiavo will be filed with the courts, Bush said. In conducting the new examination, the state's Adult Protective Services department was responding to new allegations of neglect, state officials said. A doctor for the state stood by Schiavo's bedside for about an hour recently, viewed videotapes of her and reviewed medical records, Bush said.

Separately, the Schindlers filed an amended complaint in federal court, a move that might let them file a new motion for a temporary restraining order. The new complaint invokes the Americans with Disabilities Act.

To contact the reporter on this story: Greg Stohr gstohr@bloomberg.net.

Last Updated: March 24, 2005 07:49 EST

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