Federal Court Refuses Schiavo Appeal

By John Jessup
Washington Correspondent

CBN.com – WASHINGTON - A federal judge refused today to order Terri Schiavo's feeding tube reinserted. But this judge's ruling may not be the final word on this case.

The judge's decision came in the early hours of the morning, a victory for Terri Schiavo's husband and a blow to her parents and supporters around the country.

Lawyers immediately moved to appeal after U.S. District Judge James Whittemore denied an emergency request to reconnect Terri Schiavo's feeding tube.

The case moved into federal court after Congress and the President stepped in with emergency legislation on the parent's behalf.

President Bush stated, "This is a complex case with serious issues. But extraordinary circumstances like this, it is wise to err on the side of life."

During Monday's two hour hearing, an attorney for the family argued that Terri's due process rights had been violated, and that forcing Terri to starve to death would be a "mortal sin" under her Roman Catholic faith.

But the randomly selected judge, a Clinton appointee, questioned the merits of the family's case in federal court.

Judge Whittemore said, "I think you'd be hard-pressed to convince me that you have a substantial likelihood to succeed."

George Felos, attorney for Michael Schiavo said, “It was obvious, from the questioning by the judge of the attorney for the parents, that there is no federal right or enunciated right which exists for the parents to have reviewed."

However, the attorney for Terri's parents, David Gibbs, remarked, "She is being starved to death, so as we look at this case we say her life, her liberty, her religious freedom and yes, we agree, her right to privacy is being violated."

Tuesday marks the fourth day that Terri has gone without food or water. Doctors say she can survive up to two weeks. But Terri's family still hopes to get the feeding tube reconnected.

An attorney with her parent's law firm said lawyers were immediately appealing to the 11th Circuit Court of Appeals in Atlanta to save Terri's life.

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