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March 22, 2005
Whittemore Refuses To Order Tube Restoral

CNN reports that federal Judge James Whittemore has refused to issue a temporary injunction to restore Terri Schiavo's feeding tube:

A federal judge in Florida has ruled that he will not order a feeding tube reinserted to Terri Schiavo, a brain-damaged woman who is the center of a national legal battle over her life.

The case likely will be appealed to the 11th Circuit Court of Appeals in Atlanta, Georgia.

Presumably, the interpretation here on Whittemore's part is that a de novo look at the evidence has little likelihood of a winning argument for Terri's parents. However, it almost sounds like Whittemore treated this as an appeal rather than the square-one approach called for by the law Congress passed. Whittemore should have treated this case as a fresh filing, and therefore should have restored nutrition and hydration to Terri while both sides presented evidence and testimony, not just 30 minutes each of legal briefs and argument.

The Schindlers can now appeal this decision through the federal courts, but the appellate route appears more bleak. First, it's time-consuming, and Terri may die of dehydration at any time. Second, Michael Schiavo's lawyers will certainly challenge the Constitutionality of the Congressional action at the same time in answer to any appeal, and the appellate courts may not be unsympathetic to that argument.

I'll keep praying, but I'm not optimistic, nor am I surprised. If an order to restart nutrition and hydration would have been forthcoming, it would have come yesterday afternoon.

Sphere It Digg! View blog reactions
Posted by Ed Morrissey at March 22, 2005 6:00 AM

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» No to Schiavo from Slublog
A federal judge has refused to reinsert Terri Schiavo's feeding tube. I agree with Captain Ed's interpretation of this one - it sounds as though the judge didn't reconsider the case anew, as the law instructed. If the judges continue... [Read More]

Tracked on March 22, 2005 6:29 AM

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» Federal Judge Refuses to Reinsert Schiavo Feeding Tube from Outside The Beltway
NPR is reporting that the federal judge hearing the Schiavo case has refused to order the reinsertion of Terri Schiavo's feeding tube. AP confirms: Judge Won't Order Feeding Tube Reinsertion A federal judge on Tuesday refused to order the rein... [Read More]

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Tracked on March 22, 2005 9:48 AM

» Open Thread: Judge Won't Order Schiavo Tube Reinserted from GOP Bloggers
From the Associated Press: 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 that had been debated in Congress and backed by the White House.... [Read More]

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Tracked on March 22, 2005 10:04 AM

» FOX NEWS: Judge Declines to Order Reinsertion of Feeding Tube from Hyscience
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Tracked on March 22, 2005 10:42 AM

» On Terri Schiavo from Joust The Facts
A Federal judge, U.S. District Judge James Whittemore, has denied an injunction to reinsert the feeding tube for Terri Schiavo, who has been without food and water since Friday. (1) There has been a lot written and said on this, [Read More]

Tracked on March 22, 2005 11:28 AM

» Schiavo Judge Won't Order Tube Reinserted from Secure Liberty
Judge Whitmore refused to order Terri Schiavo's feeding tube to be reinserted. (H/T Wizbang) 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 parent... [Read More]

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» CONTACT FL STATE LEGISLATORS from Another Rovian Conspiracy - St Wendeler
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Tracked on March 22, 2005 3:07 PM

» Schiavo's Burden... from My Sandmen
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» Sick - Arrested for trying to give Terri water from Another Rovian Conspiracy - St Wendeler
woman arrested as she tried to give Terri water through her mouth. So, now this isn't about removing her feeding tube, but removing food & water regardless of how it's given. If Terri was able to eat/drink on her own power, would the Left still be tr... [Read More]

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» The "Higher Beings" on Schiavo from AMERICAN DIGEST
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Tracked on March 24, 2005 5:15 AM



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