Judge Raises Doubts About Schiavo Case
TAMPA, Fla. — Terri Schiavo's parents took their case into a federal courtroom Monday, where they were met by a seemingly skeptical judge who questioned whether the brain-damaged woman's feeding tube should be reinserted. She now is in her fourth day without food or water.
U.S. District Judge James D. Whittemore, after a two-hour hearing, adjourned without issuing a ruling. He did not indicate when he might act.
"We are rushed, and we are somewhat desperate," David C. Gibbs III, who represented Schiavo's parents, told Whittemore. "Terri could expire as I speak."
But in order for him to rule in favor of Bob and Mary Schindler, Whittemore told Gibbs, there needed to be a substantial likelihood their case would prevail when heard in federal court. "I think you'd be hard-pressed to convince me," Whittemore said in asking Gibbs for supporting case law.
In a series of dramatic moves, the U.S. Senate on Sunday and the House of Representatives early Monday morning passed a measure empowering the federal courts to consider whether the 2000 decision by a Florida state judge to order the removal of Schiavo's tube may have violated her constitutional rights. The legislation was signed into law quickly by President Bush.
The Schindlers, who are Roman Catholic, also argue that it would be a sin to let their 41-year-old daughter starve to death. "It is a complete violation to her rights
But George J. Felos, the lawyer representing Schiavo's husband, Michael, said he hoped Whittemore would resist the enormous political pressures surrounding the case and "do the right and courageous thing."
"Yes, life is sacred," Felos said. "So is liberty, particularly in this country.
"Every possible issue has been raised and re-raised, litigated and re-litigated," Felos said. "It's the elongation of these proceedings that have violated Mrs. Schiavo's due process rights."
The courthouse drama played out Monday across the bay from Pinellas Park, Fla., where Schiavo was being cared for in a hospice.
Whittemore's probing questions to Gibbs, and the decision not to rule immediately, darkened the mood outside Woodside Hospice where about two dozen Schindler supporters were gathered.
"Of course [the family is] very concerned that he didn't rule," said Gary McCullough of the Christian Communication Network, a spokesman for the Schindlers. "Every hour is another hour that their daughter is starving."
