3/22/05 
Terri
Schiavo has not received food or water for nearly four full days. The starvation
and dehydration process could take as many as 14 days before Terri dies.
TAMPA,
Fla. (AP) -- 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 that had been debated in Congress and backed by the White House. U.S.
District Judge James Whittemore said the 41-year-old woman's parents, Bob and
Mary Schindler, had not established a "substantial likelihood of success"
at trial on the merits of their arguments. 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." Rex
Sparklin, an attorney representing Terri Schiavo's parents, said lawyers were
immediately appealing to the 11th Circuit Court of Appeals in Atlanta to "save
Terri's life." That court was already considering an appeal on whether Terri
Schiavo's right to due process had been violated. Howard Simon, executive
director of the American Civil Liberties Union 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." 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." But Scott Schiavo, brother of Terri's
husband, Michael, 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 told The AP 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." Attempts to
reach Bob Schindler were unsucessful early Tuesday. George Felos, the attorney
for Michael Schiavo, hung up twice when reached by reporters from The Associated
Press. Whittemore's decision comes after feverish action by President Bush
and Congress on legislation allowing the brain-damaged woman's contentious case
to be reviewed by federal courts. 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. Gov. Jeb Bush was described by a spokeswoman as "extremely
disappointed and saddened" over the 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 the 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 her condition could improve. David Gibbs III, the
parents' attorney, argued at a Monday hearing in front of Whittemore that forcing
Terri 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, an attorney for Michael Schiavo, 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, contending that
restarting artificial feedings would be against Schiavo's wishes. "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 because of a possible potassium imbalance brought on by an eating disorder.
She can breathe on her own, but has relied on the feeding tube to keep her alive. Court-appointed
doctors say she is in a persistent vegetative state with no hope of recovery,
while her parents insist she could recover with treatment. Doctors have said Schiavo
could survive one to two weeks without the feeding tube. 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. On Tuesday,
reaction to the judge's decision from the handful of protesters outside the woman's
hospice came quickly. "It's terrible. They're going to talk and talk and
she's going to die," said Miriam Zlotolow, 59, of Venice, Calif. To
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