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.

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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

» Not Overtaken, Just Over from Overtaken by Events
It appears as if all of the frenzied activity was for naught. [Read More]

Tracked on March 22, 2005 6:51 AM

» 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]

Tracked on March 22, 2005 9:37 AM

» Man, Curb Your Wife from Hennessy's View
There's not much to say. Judges have determined, in logical order, the following: A. Michael Schiavo is Terri Schiavo's husband; therefore, B. Michael Schiavo is Terri's legal guardian; therefore, C. Michael Schiavo's desires trump laws of the... [Read More]

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]

Tracked on March 22, 2005 9:50 AM

» Life from La Shawn Barber's Corner
There are a few points I want to touch on today. It should be understood that Congress has the authority to remove jurisdiction of cases from state courts to federal courts. Article III of the U.S. Constitution gives the legislature the power to do ... [Read More]

Tracked on March 22, 2005 10:04 AM

» FOX NEWS: Judge Declines to Order Reinsertion of Feeding Tube from Hyscience
Judge Whitmore has declined to order reinsertion of Terri Schiavo's feeding tube, as requested by the Schindlers. [Read More]

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]

Tracked on March 22, 2005 2:17 PM

» CONTACT FL STATE LEGISLATORS from Another Rovian Conspiracy - St Wendeler
We need EVERYONE READING THIS to call the following Florida state Senators ASAP, and ask them to do one simple thing: HAVE MERCY ON TERRI SCHIAVO — PLEASE VOTE TO SAVE TERRI’S LIFE TODAY [Read More]

Tracked on March 22, 2005 3:07 PM

» Schiavo's Burden... from My Sandmen
Collectivism is not a natural condition of human existence. Individual existence is the state of natural entropy that must be entirely subdued in order for the Village of humanity to flourish. For that goal to occur, Natural Law must end, and Terri S... [Read More]

Tracked on March 22, 2005 5:27 PM

» 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]

Tracked on March 22, 2005 5:43 PM

» The "Higher Beings" on Schiavo from AMERICAN DIGEST
HERE'S HOW THE TOP 10 ["HIGHER BEING"] BLOGS of The Truth Laid Bear's Blogosphere Ecosystem stand on the Terri Schiavo issue today. Posted in order of ranking. Glenn @ Instapundit: No opinion on the case itself, but believes congress was wrong to butt ... [Read More]

Tracked on March 22, 2005 9:02 PM

» The Schiavo Reality Show from blogbudsman.blog-city.com
No one's mentioned the voyeurism of our tabloid society.  We love our soap operas.  Misery loves company?  Fat little girl, fed and enabled by a mother who knows no other way to express her worth to her offspring.  What past darkness in mother's [Read More]

Tracked on March 24, 2005 5:15 AM