Judge Refuses to Reinsert Schiavo's Tube; Parents File Appeal
Despite heavy lobbying by pro-life supporters and lawmakers on all levels, a federal judge refused to order the reinsertion of Terri Schiavo’s feeding tube, on Tuesday, March 22, 2005.
Despite heavy lobbying by pro-life supporters and lawmakers on all levels, a federal judge refused to order the reinsertion of Terri Schiavo’s feeding tube, on Tuesday, March 22, 2005.
After reviewing the case for a day, U.S. District Judge James Whittemore said the 41-year-old disabled woman’s parents, Bob and Mary Schindler, had not established a “substantial likelihood of success” at trial on the merits of their arguments, and denied an emergency request backed by Congress and the White House to reinsert Terri’s tube.
Whittemore, a judge appointed by the Clinton administration, wrote that the Florida courts protected the “life and liberty interests” of Schiavo.
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He added that despite “these difficult and time strained circumstances, this court is constrained to apply the law to the issues before it."
Bobby Schindler, the brother of Terri Schiavo, said he was crushed by the ruling and called the entire ordeal “barbaric”.
"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."
The Schindlers have been battling for their daughter’s life for nearly seven years. Their son-in-law, Michael Schiavo – the husband and legal guardian of Terri Schiavo – claims his wife did not wish to be kept alive artificially. Although Terri left no written directive, Florida court judges repeatedly sided with Michael, and ordered for the removal of Terri’s hydration and nutrition tube.
During the court hearing yesterday, David Gibbs III – the Schindlers’ attorney, argued before Whittemore that forcing Terri to starve to death would be considered a “mortal sin” under her Roman Catholic beliefs.
"Terri may die as I speak,” said Gibbs, as he urged the judge to take quick action.
Michael’s attorney, George Felos, meanwhile argued that keeping Terri alive would violate her rights.
"Yes, life is sacred," Felos said, asserting that reinserting the tube would violate Terri’s end-of-life wishes. "So is liberty, particularly in this country."
Whittemore's decision comes after an extraordinary effort on the part of Congress and President Bush to push through a legislation that would allow the Schiavo case to be reviewed by the federal courts. Under the bill, a federal court would fully review all aspects of the contentious case from scratch.
Reactions to Whittemore’s ruling were mixed.
"What this judge did is protect the freedom of people to make their own end-of-life decisions without the intrusion of politicians,” said Howard Simon, executive director of the American Civil Liberties Union of Florida, praised the ruling:
Scott Schiavo, brother of Terri's husband, Michael – who now lives with a woman with whom he has fathered two children - 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 Associated Press via telephone. "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."
Others were not as supportive of the ruling.
"The callousness of Judge Whitimore's disposition toward Terri and her parents is appalling. This woman is as physically healthy as Judge Whitimore. Her body craves food and water just as his does,” said Rev. Rob Schenck, president of the National Clergy Council who frequently organized prayer vigils on Terri’s behalf in the past.
Another organizer of the prayer vigils, Rev. Patrick J. Mahoney, also criticized Tuesday’s ruling.
"By refusing to reinsert the feeding tube of Terri Schiavo, Judge Whittemore has shown a profound disrespect for the constitutional rights and liberties of disabled persons all across America. He has also displayed contempt for Congress and the President of the United States,” said Mahoney.
Meanwhile, Rex Sparklin, an attorney representing Terri Schiavo's parents, said lawyers said an appeal was filed to the 11th Circuit Court of Appeals in Atlanta to "save Terri's life." The court was already considering an appeal on whether Terri Schiavo's right to due process had been violated.
The Florida Senate convenes this morning, and may consider passing a bill that could order the reinsertion of Terri’s tube, which was removed Friday afternoon.
Several events have been scheduled by Terri’s supporters in Tallahassee, where the Florida Senate meets.
The following is the list of events for Tuesday:
Tuesday, March 22, Schedule of Events in Tallahassee--
7 AM - 8 AM: On the corner of Madison & Monroe--Terri's supporters plead with Senators as they arrive
8 AM: With Democratic Caucus
9 AM - noon: On the 4th floor of the Capitol, outside the Senate Chamber--Signs used to plead for Terri
10 AM: at Capitol Plaza--Press Conference with Randall Terry to update on latest developments in the fight to save Terri Schiavo's life
2 PM: at Capitol Plaza--Press Conference with Dr. William Hammesfahr. Dr. Hammesfahr, nominated for a Nobel Prize for his work in medicine, has been recognized by agents for Medicare, the federal government, and others for new approaches to helping the brain injured. Dr. Hammesfahr has examined Terri Schiavo three separate times for a total of over ten hours.
