SCHINDLER FAMILY TURNS TO FEDERAL COURTS IN ATTEMPT TO SAVE DAUGHTER.(parents of Terri Schindler-Schiavo)

Blocked at every turn by courts in Florida, the parents of Terri Schindler-Schiavo have taken their battle to save their 39-year-old brain-damaged daughter to the federal courts. However, U.S. District Judge Richard A. Lazzara showed little interest in intervening at the initial hearing September 2, according to the Associated Press (AP) and the Orlando Sentinel.

Although highly skeptical, Lazzara gave Robert and Mary Schindler 10 days to amend a lawsuit that they filed August 30 "in what their lawyer admitted was haste caused by fear that their daughter might die from illness during the weekend," according to the AP.

However, Lazzara refused to block a September 11 hearing in which Pasco Circuit Court Judge George Greer will schedule the date for the removal of Terri Schindler-Schiavo's feeding tube, the AP reported. But "both sides agreed that Greer probably will schedule the feeding tube removal far enough into the future to allow Lazzara time to consider the new federal lawsuit," the Sentinel reported.

Adding additional urgency is that Terri has been hospitalized with severe infections, high temperatures, and congested lungs. The family alleged that Terri's husband has "blocked his wife from getting proper medical care during the weekend" (of August 30-31), according to the Sentinel, a charge he denied.

The basic issue is the long-standing fight between Terri's parents and her husband/ guardian Michael, who argues that his wife would want the tube through which she is fed removed, according to the AP. He also argues that Terri is in a persistent vegetative state (PVS), the Sentinel reported. Judge Greer agrees.

But as Wesley Smith explained in an article that appeared on nationalreview.com, "Under Florida law, this means that Terri exhibits no voluntary action or cognitive behavior of any kind and is unable to communicate or interact purposely with the environment."

"Dr. William Hammesfahr, a world-renowned expert in cases such as Terri's - - and a Nobel Prize nominee - - testified that Terri is not in a PVS. He also testified that he believes he could help her improve her circumstances through proper medical treatment. Ten other physicians have testified or given statements that Terri is not unconscious. Judge Greer instead chose to believe contrary testimony by a doctor who rarely sees Terri and another doctor who makes an avocation of testifying in cases such as Terri's throughout the country, always on the side of dehydration."