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This is an archive article published on March 23, 2005

Judge no to appeal on feeding tube

A Federal here judge on Tuesday refused to order the reinsertion of a feeding tube for the brain-damaged Terri Schiavo, denying an emergency...

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A Federal here judge on Tuesday refused to order the reinsertion of a feeding tube for the brain-damaged Terri Schiavo, denying an emergency request from the woman’s parents that came after the intervention of Congress and President Bush in the case.

Judge James D. Whittemore of the US District Court said Schiavo’s case had been ‘‘exhaustively litigated’’ and that the 41-year-old woman’s parents had not established a ‘‘substantial likelihood of success’’ at trial on the merits of their arguments.

The tube was disconnected on Friday on the orders of a state judge. ‘‘This court appreciates the gravity of the consequences of denying injunctive relief,’’ Whittemore said in a 13-page ruling. But he said Schiavo’s ‘‘life and liberty interests’’ had been adequately protected by Florida state courts, and despite ‘‘these difficult and time strained circumstances’’ the court was constrained ‘‘to apply the law to the issue before it.’’

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A lawyer representing Schiavo’s parents, George E. Tragos, said the ruling would be appealed to the 11th US Circuit Court of Appeals in Atlanta on Tuesday, ‘‘and we expect to be successful.’’ Tragos said he thought a decision from the court would come ‘‘a couple of hours’’ after it was presented, and that Schiavo would be returned to the tube ‘‘to be fed and rehydrated.’’

Whittemore also expressed doubts about whether a federal review could change the ultimate outcome and seemed skeptical of the parents’ contention that the state courts had violated Schiavo’s right to due process. —NYT

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