US judge rules against insertion of feeding tube

A US federal judge today refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from …

A US federal judge today refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from the brain-damaged woman's parents.

Terri Schiavo gets a kiss from her mother, Mary Schindler, in 2001
Terri Schiavo gets a kiss from her mother, Mary Schindler, in 2001

The ruling by District Judge James Whittemore in Tampa, Florida, came after action by President Bush and Congress to introduce legislation allowing her 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.

He ruled, as other judges have in the past, to allow Mrs Schiavo to die. Mrs Schiavo's parents' lawyer, Rex Sparklin, said they were immediately appealing to the 11th Circuit Court of Appeals in Atlanta to "save Terri's life."

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The tube was disconnected on Friday on the orders of a state judge, prompting an extraordinary weekend effort by congressional Republicans to push through unprecedented emergency legislation early yesterday aimed at keeping her alive.

Mrs Schiavo did not have a living will. Her husband, Michael Schiavo, 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.

He rebuffed a recent millionaire dollar offer from a businessman to keep her alive. Mrs Schiavo's parents contend she responds to them and her condition could improve.

In the Tampa court last night, David Gibbs, a lawyer for the parents, said that forcing Mrs Schiavo to starve would be "a mortal sin" under her Roman Catholic beliefs and urged quick action: "Terri may die as I speak."

But George Felos, lawyer for husband Michael, argued that keeping her alive also violated her rights and noted that the case has been aired thoroughly in state courts.

"Yes, life is sacred," Mr Felos said, contending that restarting artificial feedings would be against Mr Schiavo wishes. "So is liberty, particularly in this country."

"Every possible issue has been raised and re-raised, litigated and re-litigated," Mr Felos added. "It's the elongation of these proceedings that have violated Mrs Schiavo's due process rights."

The courtroom showdown followed an extraordinary political fight over the weekend. Congress passed a law that let Schiavo's parents argue their case before a federal court, bringing the intense legal battle to Whittemore's Tampa courtroom.

Mrs Schiavo's father, Bob Schindler, who had been upbeat about the prospects of his daughter remaining alive, grimly left the court as family friends crowded near him for support.

Court-appointed doctors say the woman is in a persistent vegetative state with no hope of recovery, while her parents insist she could recover with treatment. Doctors have said she could survive one to two weeks without the feeding tube.

AP