Judge Won’t Order Schiavo Tube Reinsertion

TAMPA, Fla. – 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.

The ruling by U.S. District Judge James Whittemore comes after feverish action by President Bush and Congress on legislation allowing her contentious case to be reviewed by federal courts. The judge said the 41-year-old woman’s parents had not established a “substantial likelihood of success” at trial on the merits of their arguments.

Rex Sparklin, an attorney with the law firm representing Terri Schiavo’s parents, said lawyers were immediately appealing to the 11th Circuit Court of Appeals in Atlanta to “save Terri’s life.”

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 early Monday aimed at keeping her alive.

Schiavo did not have a living will. Her husband, Michael Schiavo, 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.