Schiavo’s parents appeal to U.S. Supreme Court

The three-judge panel, in a 2-1 ruling issued overnight, said the parents “failed to demonstrate a substantial case on the merits of any of their claims” that the feeding tube should be reinserted immediately. Terri Schiavo began her fifth full day without the tube, which has kept her alive for more than a decade.

"We also conclude that the district court’s carefully thought out decision to deny temporary relief in these circumstances is not an abuse of discretion," Judges Ed Carnes and Frank Hull wrote in the majority opinion.

“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.”

In his dissent, Judge Charles Wilson said Schiavo’s “imminent” death would end the case before it could be fully considered. “In fact, I fail to see any harm in reinserting the feeding tube,” he wrote.

On Tuesday, a federal judge in Tampa also rejected the parents’ emergency request.

President Bush, who along with congressional Republicans has taken a stand in support of Schiavo's parents, reiterated Wednesday that "in a case such as this, the legislative branch, the executive branch, ought to err on the side of life, which we have. Now we'll watch the courts make their decisions."

Supreme Court appeal is last one
While the Supreme Court has declined to hear the case previously in appeals from state court rulings; what makes it different this time is that the appeal would come from a federal ruling.

Howard Simon of the American Civil Liberties Union of Florida said the ruling pointed out the limited role of government in these matters and the need for a living will “to keep politicians out of your personal life.”

“While I anticipate that the Supreme Court will have to decide whether to get into it, I do think we are coming to the end of this sad case,” he said.

The Supreme Court’s history on right-to-die cases is pretty thin. It ruled in 1990 that a terminally ill person has a right to refuse life-sustaining treatment. In its next term, it plans to consider whether the federal government can prosecute doctors who help ill patients die.

Between those cases, the court has chosen to allow states to decide the issue.

The Schindlers have been locked for years in a battle with Schiavo’s husband over whether her feeding tube should be disconnected. State courts have sided with Michael Schiavo, who insists his wife told him she would never want to be kept alive artificially.

‘A horrific intrusion’
Even before the parents’ appeal was filed with the 11th Circuit, Michael Schiavo urged the court not to grant an emergency request to restore nutrition.

“That would be a horrific intrusion upon Mrs. Schiavo’s personal liberty,” said the filing by his attorney, George Felos. He filed a response to the Schindlers’ appeal and said he would go to the Supreme Court if the tube were ordered reconnected.

Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly from a chemical imbalance believed to have been brought on by an eating disorder. Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery.

Her parents argue that she could get better and that she would never have wanted to be cut off from food and water.

MORE FROM U.S. NEWS

U.S. news Section Front

Health reform hits doctor deficit reality Delayed Va. Tech alert ‘inexcusable’ Teen pleads not guilty in killing of brother Obama shifts date of climate summit visit Unexpected drop in jobless rate fuels optimism Vet charged in Fort Drum killings Abortion doctor to expand practice Blessed are conservative in Bible translation N.Y. prof wrongly ID’d as suspect files suit University bans guns on campus U.S. news Section Front   Add U.S. news headlines to your news reader: