To the U.S. Supremes

Schiavo's Parents Turn to Supreme Court



PINELLAS PARK, Fla. — Terri Schiavo's parents took their battle to the Supreme Court late Wednesday after being dealt a pair of blows in their effort to keep their severely brain-damaged daughter alive.

An appeal to the high court, which has previously refused to get involved in the case, was filed at around 11:00 p.m. EST.
In the emergency filing, Bob and Mary Schindler say their 41-year-old daughter faces an unjust and imminent death based on a decision by her husband to remove a feeding tube without strong proof of her consent. They allege constitutional violations of due process and religious freedom.

The filing also argues Congress intended for Schiavo's tube to be reinserted, at least temporarily, when it passed an extraordinary bill last weekend that gave federal courts authority to fully review her case.

Justice Anthony Kennedy will be the first to consider the Schindlers' appeal. He can choose to act on the petition alone or refer it to the entire court, which he did on the last emergency request involving Schiavo.

Kennedy, appointed to the high court by President Reagan, has traditionally taken a moderate position on social issues.

Earlier in the day, the Florida Senate rejected a bill that would have restored the feeding tube. Before that, an appeals court also voted not to order the device reinserted.

The feeding tube was pulled on Friday afternoon with a Florida judge's approval. By late Tuesday, Terri's eyes were sunken and her skin, lips and tongue were parched, said Barbara Weller, an attorney for Terri's parents. Terri's hospice has refused to provide details about her condition.