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. 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.
``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.
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.
After Schiavo's feeding tube was removed last week, Congress and President George W. Bush took extraordinary action, 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.
Medical experts say Schiavo may be able to survive until the end of the month without food or water.
`Nation of Laws'
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.''
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.
The Supreme Court in January refused to hear an appeal by Florida Governor 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.
`New Information'
Governor Bush, the president's brother, said at a press conference today that a new diagnosis of Schiavo suggests she is in ``a state of minimal consciousness'' rather than the ``persistent vegetative state'' her court-appointed doctors have diagnosed.
``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.''
Following today's court rulings, the Florida Senate defeated a bill, 21-18, to authorize reattachment of the feeding tube.
``We are all very distressed by what is happening,'' Bush said.
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 00:02 EST
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