Request to Reinsert Schiavo's Tube Denied Again; Parents Plan Appeal
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
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.
According to the Associated Press, an emergency filing to the high court would “go first to Justice Anthony Kennedy, a Reagan appointee who has staked a moderate position on social issues.”
Kennedy would have the option of hearing the petition alone or referring it to the full nine-member court.
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.
U.S. Congressional members have already made an extraordinary effort to save Terri – first through a series of subpoenas and then through the passage of a bill narrowly focused on Schiavo that gave her rights to a federal trial. Despite the passage of the law, the judges refused to reinsert the tube.
According to court documents filed by the Schindlers, Terri began a “significant decline” late Monday as the effects of dehydration began to take full force.
"While she still made eye contact with me when I spoke to her, she was becoming increasingly lethargic," Bob Schindler said in the papers. "Terri no longer attempted to verbalize back to me when I spoke to her."
Her parents also said their daughter’s eyes were sunken and dark and her lips and face were dry.
Hospice workers declined to comment on Terri’s current state.
Meanwhile, protestors outside of Terri’s hospice were once again shocked and dismayed by the court’s decision.
"This is a clear cut case of judicial tyranny. All the judges who have ruled against Terri are tyrants, and we fully expected this decision," said Tammy Melton, 37, a high school teacher from Monterey, Tenn., to AP.
One protestor was arrested on Tuesday for trespassing after trying to bring the starved 41-year-old disabled woman a cup of water.
