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Schiavo Judge Won't Order Tube Insertion
1 minute ago
U.S. National - AP
By VICKIE CHACHERE, Associated Press Writer
TAMPA, Fla. - A federal judge on Tuesday refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from the brain-damaged woman's parents. The parents' lawyer quickly filed a notice of appeal, and the woman's husband also filed new court documents.
AP Photo
AFP
Slideshow: Terri Schiavo Right-to-Die Case
Judge Won't Order Reinsertion of Feeding Tube
(AP Video)
The ruling by U.S. District Judge James Whittemore came after feverish action by President Bush (news - web sites) and Congress on legislation allowing the contentious case to be reviewed by federal courts. The judge said the 41-year-old woman's parents had not established a "substantial likelihood of success" at trial on the merits of their arguments.
The notice of appeal was filed electronically hours later with the 11th U.S. Circuit Court of Appeals (news - web sites) in Atlanta by David Gibbs III, an attorney for Terri Schiavo's parents. The notice tells the court that the full appeal will follow. That court was already considering an appeal on whether Terri Schiavo's right to due process had been violated.
Even before the parents' full appeal was filed, Michael Schiavo said in a filing with the appeals court that his wife's rights would be violated if the judges ordered nutrition restored while considering whether the feeding tube, removed last Friday, should be permanently reconnected.
"That would be a horrific intrusion upon Mrs. Schiavo's personal liberty, and the status quo should therefore be maintained until this court issues its final ruling," said the filing by Michael Schiavo's attorney, George Felos. The status quo — with the feeding tube removed — could continue for a couple of days without harming Terri Schiavo, the filing argued.
Felos also told the judges he would appeal to the U.S. Supreme Court (news - web sites) if the tube is ordered reconnected on a temporary basis.
In his early morning ruling, Whittemore wrote that Schiavo's "life and liberty interests" had been protected by Florida courts. Despite "these difficult and time strained circumstances," he wrote, "this court is constrained to apply the law to the issues before it."
No further hearings were scheduled before Whittemore.
The Bush administration "would have preferred a different ruling," White House press secretary Scott McClellan told reporters in Albuquerque, N.M., where the president was visiting a senior center.
"We hope that they would be able to have relief through the appeals process," McClellan said.
While Rex Sparklin, another attorney for the parents, said the appeal was needed to "save Terri's life," Howard Simon, executive director of the American Civil Liberties Union (news - web sites) of Florida, praised the ruling.
"What this judge did is protect the freedom of people to make their own end-of-life decisions without the intrusion of politicians," Simon said.
Bobby Schindler, Terri Schiavo's brother, said his family was crushed. "To have to see my parents go through this is absolutely barbaric," he told ABC's "Good Morning America" on Tuesday. "I'd love for these judges to sit in a room and see this happening as well."
Scott Schiavo, Michael Schiavo's brother, called the judge's decision "a good thing," and said he did not believe Congress should have intervened.
"There's not a law that's made for this," Scott Schiavo said in a telephone interview. "This is something that goes on 100 times a day in our country, that people, their wish to die with dignity is not a federal issue."
The tube was disconnected Friday on the orders of a state judge, prompting an extraordinary weekend effort by congressional Republicans to push through unprecedented emergency legislation Monday aimed at keeping her alive.
Louise Cleary, a spokeswoman for Woodside Hospice, said she could not discuss Terri Schiavo's condition Tuesday. "To honor the privacy of all of our patients, we couldn't comment," Cleary said.
Gov. Jeb Bush was described by a spokeswoman as "extremely disappointed and saddened" by the federal judge's decision not to order the tube reconnected. "Gov. Bush will continue to do what he legally can within his powers to protect Terri Schiavo, a vulnerable person," said spokeswoman Alia Faraj.
Terri Schiavo did not have a living will. Her husband has fought in courts for years to have the tube removed because, he said, she would not want to be kept alive artificially and she has no hope for recovery. Her parents contend she responds to them and that her condition could improve.
Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery. Doctors have said she could survive one to two weeks without the feeding tube.
Gibbs argued at a Monday hearing in front of Whittemore that letting Terri Schiavo starve would be "a mortal sin" under her Roman Catholic beliefs and urged quick action: "Terri may die as I speak."
But Felos argued that keeping the woman alive also violated her rights and noted that the case has been aired thoroughly in state courts.
"Yes, life is sacred," Felos said. "So is liberty, particularly in this country."
Michael Schiavo said he was outraged that lawmakers and the president intervened in a private matter. "When Terri's wishes are carried out, it will be her wish. She will be at peace. She will be with the Lord," he said on CNN's "Larry King Live" late Monday.
Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly. Her collapse was later linked to a potassium imbalance believed to have been brought on by an eating disorder. A successful malpractice lawsuit argued that doctors had failed to diagnose the eating disorder. She can breathe on her own, but has relied on the feeding tube to keep her alive.
According to a CNN-USA Today-Gallup poll of 909 adults taken over the weekend, nearly six in 10 people said they think the feeding tube should be removed and felt they would want to remove it for a child or spouse in the same condition.
Also:
Key facts in the Schiavo life-support controversy
Who she is: Terri Schiavo, now 41, collapsed in her home in 1990. Her heart temporarily stopped, cutting off oxygen to her brain. Her husband, Michael, won more than $1 million from a malpractice suit two years later. The husband's lawyer said her collapse was caused by a potassium imbalance brought on by an eating disorder, although her parents say that's not true.
What the dispute is about: Whether her life should be ended by withdrawing her feeding and hydration tube. The tube was taken out Friday, and her parents want it restored. Schiavo is locked in what some doctors say is a persistent vegetative state. Others, including her parents, insist she is minimally conscious because she smiles and seems to respond in other ways.
Who wants to remove life support: Michael Schiavo, guardian for his wife. Before her collapse, he says, she had expressed the wish not to be kept alive artificially if the situation ever arose.
Who wants to retain life support: Terri Schiavo's parents, Bob and Mary Schindler, who don't believe Michael Schiavo's statements about his wife's wishes. They say their daughter, a Roman Catholic, would not disobey church teachings on the matter.
Why no compromise is likely: The battle between Terri Schiavo's husband and parents has been bitter. The Schindlers argue that Michael Schiavo--who has fathered two children with his fiance in recent years--is an unfit guardian and has a conflict of interest. Michael Schiavo alleges that Bob Schindler sought a share of the malpractice settlement, which he denies. The money is gone, much of it spent on legal bills related to Michael Schiavo's efforts to end life support.
The legal fight: Florida courts have ruled consistently for Michael Schiavo. Florida's Supreme Court last year struck down "Terri's Law," which let Gov. Jeb Bush intervene in the case.
The latest: Early Monday, Congress passed and President Bush signed a bill that gives federal courts jurisdiction regarding the withholding of "food, fluids, or medical treatment necessary" to sustain Terri Schiavo, who is named in the bill.
What happens next: An attorney for Schiavo's parents has filed a request to a federal appeals court to have the tube reinserted once the bill is signed. If no court action is taken, Schiavo could be expected to live one or two weeks after the removal of the tube.
From an earlier article on the same site (Yahoo news).
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http://story.news.yahoo.com/news?tmpl=story&u=/chitribts/schiavobillsignedbybush&e=5)