Federal Appeals Court Gives Schiavo Case Another Look

By 

Jay Sekulow

|
May 23, 2011

2 min read

ACLJ

A

A

I want to let you know there is a legal avenue that has opened in the Terri Schiavo case.  Last week a three judge panel of the U.S. Court of Appeals for the Eleventh Circuit rejected a request from Terri's parents asking to reinstate the feeding tube.  Our legal team in Washington has been working with the Florida attorneys representing Terri's parents and late last night the federal appeals court agreed to consider a request to rehear the case.  This is important news.  A majority of the full panel of 12 judges would have to agree to rehear the case.  In the legal documents filed with the court, Terri's parents asserted that the federal district court and appeals court made a clear mistake by ignoring Supreme Court precedent that makes it incumbent upon the federal judiciary to impose a heightened standard of proof and to conduct a new examination of the facts in Terris case to determine if the Florida court acted properly in ordering the removal of Terris feeding tube.  The appeals court has been asked to reinsert Terris feeding tube and to rehear the case.

In earlier proceedings with the federal appeals court, the ACLJ represented Congressman Dave Weldon (R-FL) one of the chief sponsors of the federal legislation passed and signed into law by President Bush that gave the federal courts authority to conduct a full legal review of Terris case.

If the federal appeals court agrees to rehear the case, they could also issue an order reinserting Terri's feeding tube.  A decision from the appeals court could come at any time.  I will keep you posted through the trial notebook section of our website.  Please continue to pray for Terri and her family as Terri now enters her 13th day without food or hydration.