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Update: Judge denies Schiavo feeding tube request

Last Updated Tue, 22 Mar 2005 07:35:49 EST CBC News

WASHINGTON – A U.S. federal court judge on Tuesday refused to order the reinsertion of a feeding tube keeping a brain-damaged Florida woman alive. U.S. District Judge James Whittemore’s ruling denies an emergency request from Terri Schiavo’s parents. In his ruling, he said the parents had not established a “substantial likelihood of success” at trial on the merits of their arguments.

Terri Schiavo’s “life and liberty interests” had been protected by Florida courts, said Whittemore in his ruling.

A lawyer for Schiavo’s parents, Bob and Mary Schindler, said they would immediately launch an appeal with the 11th Circuit Court of Appeals in Atlanta. That court was already considering an appeal on whether Terri Schiavo’s right to due process had been violated.

Whittemore on Monday had reserved judgment after hearing the request, which came after the U.S. House of Representatives passed legislation allowing the parents to ask the Florida court for the emergency injunction to put the feeding tube back in.

The Vatican newspaper weighed in on the issue Monday, saying nobody has the right to decide whether someone lives or dies.

“Who can judge the dignity and sacredness of the life of a human being, made in the image and likeness of God? Who can decide to pull the plug as if we were talking about a broken or out of order household appliance?” asked L’Osservatore Romano.
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