Federal Court of Appeals Refuses to Reinsert Terri's Tube
A panel at the 11th Circuit Court of Appeals in Atlanta denied the request to reinsert Terri Schiavo’s feeding tube early Wednesday, leaving her parents with few legalistic means to keep their daughter alive.
In a 2-1 ruling, the panel at the Atlanta Circuit Court said that the parents “failed to demonstrate a substantial case on the merits of any of their claims" that Terri's feeding tube should be reinserted immediately.
"There is no denying the absolute tragedy that has befallen Mrs. Schiavo," the ruling said. "We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law."
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One dissenting voice, Judge Charles R. Wilson, said Schiavo's "imminent" death would end the case before it could be fully reviewed. "In fact, I fail to see any harm in reinserting the feeding tube," he wrote.
Terri is approaching her full fifth day without food.
The ruling echoed that of another federal judge in Tampa who on Tuesday denied the reinsertion of the tube on the same grounds.
Having lost their second appeal in federal court, Terri’s parents, Bob and Mary Schindler, vowed to appeal to the U.S. Supreme Court – quite possibly the last venue for the contentious battle that has raged on for seven years.
"The Schindlers will be filing an appropriate appeal to save their daughter's life," said Rex Sparklin, an attorney with the law firm representing the parents, on Wednesday.
Meanwhile, Mary Schindler, shattered by the Atlanta appellate court ruling, begged Florida lawmakers to step in and save her daughter’s life.
"Please, senators, for the love of God, I'm begging you, don't let my daughter die of thirst," she said Tuesday outside the Woodside Hospice where her daughter resides.
According to AP, she then broke down and cried and was escorted away.
Florida lawmakers were unable to agree on a bill that could prevent the removal of the tube by mandating doctors to feed incapacitated persons with no living will. According to AP, the legislators may consider another bill Wednesday to save Terri’s life, but state Sen. Daniel Webster said he has yet to persuade any lawmakers to change their votes.
