Judge denies Schiavo feeding tube request
Judge denies Schiavo feeding tube request
Last Updated Tue, 22 Mar 2005 09:30:45 EST
CBC News
WASHINGTON - A U.S. federal court judge on Tuesday refused to order the reinsertion of a feeding tube keeping a brain-damaged Florida woman alive.
U.S. District Judge James Whittemore's ruling denies an emergency request from Terri Schiavo's parents. In his ruling, he said the parents had not established a "substantial likelihood of success" at trial on the merits of their arguments.
Terri Schiavo's "life and liberty interests" had been protected by Florida courts, said Whittemore in his ruling.
A lawyer for Schiavo's parents, Bob and Mary Schindler, said they would immediately launch an appeal with the 11th Circuit Court of Appeals in Atlanta. That court was already considering an appeal on whether Terri Schiavo's right to due process had been violated.
Whittemore on Monday had reserved judgment after hearing the request, which came after the U.S. House of Representatives passed legislation allowing the parents to ask the Florida court for the emergency injunction to put the feeding tube back in.
The tube had been removed on Friday following a Florida state court ruling.
President George W. Bush interrupted his Texas vacation to return to Washington to sign the bill about an hour after the House vote.
Schiavo, who suffered brain damage in 1990, can breathe on her own but needs the feeding tube to keep her alive. Without the tube, the 41-year-old woman could die in two weeks.
Her husband Michael Schiavo has battled for years with his wife's parents over whether Terri Schiavo should be permitted to die or be kept alive. He wants the feeding tube removed, maintaining that his wife doesn't want to be kept alive, but her parents say their daughter could improve with rehabilitation.
Court-appointed doctors say she is in a persistent vegetative state and will not improve.
The Vatican newspaper weighed in on the issue Monday, saying nobody has the right to decide whether someone lives or dies.
"Who can judge the dignity and sacredness of the life of a human being, made in the image and likeness of God? Who can decide to pull the plug as if we were talking about a broken or out of order household appliance?" asked L'Osservatore Romano.
Federal judges have twice turned down efforts by the parents to move the case out of Florida courts, citing a lack of jurisdiction.
Schiavo's feeding tube has been removed twice before, but later reinserted.
Copyright ©2005 Canadian Broadcasting Corporation - All Rights Reserved
http://www.cbc.ca/storyview/MSN/world/national/2005/03/22/schiavo-ruling050322.html
Last Updated Tue, 22 Mar 2005 09:30:45 EST
CBC News
WASHINGTON - A U.S. federal court judge on Tuesday refused to order the reinsertion of a feeding tube keeping a brain-damaged Florida woman alive.
U.S. District Judge James Whittemore's ruling denies an emergency request from Terri Schiavo's parents. In his ruling, he said the parents had not established a "substantial likelihood of success" at trial on the merits of their arguments.
Terri Schiavo's "life and liberty interests" had been protected by Florida courts, said Whittemore in his ruling.
A lawyer for Schiavo's parents, Bob and Mary Schindler, said they would immediately launch an appeal with the 11th Circuit Court of Appeals in Atlanta. That court was already considering an appeal on whether Terri Schiavo's right to due process had been violated.
Whittemore on Monday had reserved judgment after hearing the request, which came after the U.S. House of Representatives passed legislation allowing the parents to ask the Florida court for the emergency injunction to put the feeding tube back in.
The tube had been removed on Friday following a Florida state court ruling.
President George W. Bush interrupted his Texas vacation to return to Washington to sign the bill about an hour after the House vote.
Schiavo, who suffered brain damage in 1990, can breathe on her own but needs the feeding tube to keep her alive. Without the tube, the 41-year-old woman could die in two weeks.
Her husband Michael Schiavo has battled for years with his wife's parents over whether Terri Schiavo should be permitted to die or be kept alive. He wants the feeding tube removed, maintaining that his wife doesn't want to be kept alive, but her parents say their daughter could improve with rehabilitation.
Court-appointed doctors say she is in a persistent vegetative state and will not improve.
The Vatican newspaper weighed in on the issue Monday, saying nobody has the right to decide whether someone lives or dies.
"Who can judge the dignity and sacredness of the life of a human being, made in the image and likeness of God? Who can decide to pull the plug as if we were talking about a broken or out of order household appliance?" asked L'Osservatore Romano.
Federal judges have twice turned down efforts by the parents to move the case out of Florida courts, citing a lack of jurisdiction.
Schiavo's feeding tube has been removed twice before, but later reinserted.
Copyright ©2005 Canadian Broadcasting Corporation - All Rights Reserved
http://www.cbc.ca/storyview/MSN/world/national/2005/03/22/schiavo-ruling050322.html
posted by JimG at 11:18 AM
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