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Fla. Supreme Court Refuses To Overturn Schiavo Decision

Governor Wants State To Take Custody Of Brain-Damaged Woman

UPDATED: 10:06 pm EST March 24, 2005

The Florida Supreme Court has refused to overturn a judge's order blocking the state from taking temporary custody of the brain-damaged woman.

Gov. Jeb Bush wants the state Department of Children and Families to take custody of Schiavo, presumably to reinsert her feeding tube. Bush has said the agency should investigate allegations that she has been abused and prove that she's not in a persistent vegetative state.

Meanwhile, another hearing got under way earlier Thursday evening before a federal judge in Tampa.

He's hearing an emergency request filed by Schiavo's parents, Bob and Mary Schindler.

Their lawyers told the court that the woman's right to life and privacy are being violated.

Schiavo, who has been brain-damaged since 1990, has not had food or water since last Friday, after a Florida judge ruled her feeding tube could be disconnected. Doctors have said she could die within a week or two without nutrition.

Earlier Thursday, the U.S. Supreme Court rejected a bid to have Schiavo's feeding tube reinserted.

Then, state Judge George Greer refused to hear Gov. Jeb Bush's plea that the state be granted custody of Schiavo. The judge said Bush seemed to be trying to get around the "final judgment" of the courts.

Greer is the same judge who ordered Schiavo's feeding tube removed.

It was the latest in a series of legal defeats for the parents of the brain-damaged woman and supporters of their efforts to keep her alive.

The Supreme Court's decision, announced in a terse one-page order, marked the end of a dramatic and disheartening four-day dash through the federal court system by the Schindlers. Justices did not explain their decision, which was at least the fifth time they have declined to get involved in the Schiavo case.

A spokesman for the parents told CNN that the Schindlers are "in shock" and "can't believe this is happening."

Meanwhile, Michael Schiavo's lawyer said federal and state courts have decided "this case must end." He said his client hopes his wife can die with dignity now.

Terri Schiavo's brother-in-law had said he hoped the Supreme Court would decline to hear the case.
TERRI SCHIAVO, 1963-2005

Scott Schiavo is the brother of Terri Schiavo's husband, Michael. He said Thursday morning that "This is not about Terri anymore. This is all a political view." He said lawmakers are being "bullied" by "right-for-life people."

The severely brain-damaged woman's father said if she doesn't get water, his daughter won't "be with us much longer."

Schiavo suffered brain damage in 1990 when her heart stopped briefly from a chemical imbalance believed to have been brought on by an eating disorder. Her husband Michael Schiavo said she didn't want to be kept alive by artificial means. Her parents disagreed. They've been fighting in the courts since.

Bob and Mary Schindler said their daughter faces an unjust and imminent death based on a decision by her husband to remove a feeding tube without strong proof of her consent.

They alleged constitutional violations of due process and religious freedom.

The filing also argued that Congress intended for Schiavo's tube to be reinserted, at least temporarily. Lawmakers passed an extraordinary bill last weekend that gave federal courts authority to fully review the case.

The appeal to the high court came the same day that a federal appeals court in Atlanta twice refused to order the reinsertion of Schiavo's feeding tube.

On Wednesday, the Florida Senate voted down a bill that could have kept Schiavo alive. It would have banned patients such as Schiavo from being denied food and water without expressly putting their wishes in writing.

The vote was 21-18.

The rejection of the bill came despite a claim Wednesday from Bush that a prominent neurologist has said Schiavo may not be in a persistent vegetative state after all.

Bush said a review of the brain-damaged woman's medical records indicates she may instead be in a state of minimal consciousness.

Bush said the review has brought up "serious concerns" that warrant action. He called for Schiavo to be stabilized so the team can go through all the facts -- and he said there have been some delays in getting them.

The governor said he's doing everything within his power to make sure Schiavo is granted the same rights many criminals have. He earlier said he was disappointed that federal appeals judges have refused efforts by Schiavo's family to get her feeding tube put back in.

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Clergy Demand Bush Intervention

Clergy gathered outside the White House have demanded that President George W. Bush or Jeb Bush send in police to reinsert Schiavo's feeding tube.

The Rev. Paul Schenck, who heads the National Pro-Life Action Center, said the president or his brother should threaten to arrest anyone who tries to stop them from saving Schiavo's life.

He said elected officials' primary responsibility is to protect the lives of innocent citizens. Schenck said that if U.S. courts let the brain-damaged woman die of starvation or dehydration, "then indeed they have made a beautiful martyr."

President Bush suggested Wednesday that Congress and the White House had done all they could to keep the Schiavo alive.

Arrested, Handcuffed Protesters Outside Schiavo's Hospice Include Kids

A 10-year-old boy and his older siblings were among the protesters arrested outside Schiavo's hospice in Florida Wednesday.

Schiavo Protestors Arrested
CNN Image
Children are among protesters arrested outside Terri Schiavo's hospice.

Police arrested 10 people who said they were trying to take water to her.

Chris Keys was among about a dozen people who stood in front of the hospice to bring water to Schiavo. He and three of his children were arrested as his 2-year-old daughter watched from her mother's arms.

His 14-year-old daughter said she was "a little nervous," but that she was sure she was doing God's bidding. She and her 12-year-old brother were cuffed and taken away.

Another protester talked of being held in a Nazi prison camp in the former Yugoslavia. She said she wanted "to at least put some cool water on Terri's lips." She was arrested.

Many of the protesters carried Bibles and cups of water.

Police arrested one woman after she made a long statement in which she suggested that allowing Schiavo to die would bring the country more disasters like the Sept. 11, 2001, attacks and natural disasters. Before her arrest, Eva Edl also said, "If we let this happen to her it will be happening to others."

Officers took a cup of water and a book from her.

The second arrest was of a man wearing a baseball cap with a cross on it.

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One of those keeping vigil outside the hospice called the ruling "a clear-cut case of judicial tyranny." She said, "All the judges who have ruled against Terri are tyrants."

Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly because of a possible potassium imbalance brought on by an eating disorder. She can breathe on her own, but has relied on the feeding tube to keep her alive.

Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery, while her parents insist she could recover with treatment. Doctors have said Schiavo could survive one to two weeks without the feeding tube.


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