Judge ponders fate of brain-damaged Schiavo

A US federal judge weighed the fate of a brain-damaged Florida woman yesterday, acting hours after the US Congress and President George W Bush intervened to push the highly charged right-to-die case back into court.

US District Judge James Whittemore issued no decision after holding a two-hour hearing to consider a request from Terri Schiavo’s parents to reinstate tube feeding for their 41-year-old daughter that was halted three days ago.

He said at the end of the hearing he was going to consider the matter and did not indicate when he was likely to rule. “I will not tell you where, how or when it will be,” he said.

David Gibbs, a lawyer for Ms Schiavo’s parents, Bob and Mary Schindler, urged the court to decide fast.

“If this court does not act quickly, the entire litigation will be mooted because Terri will die,” he said. “There is not much time.”

Spurred by Christian conservatives who have embraced the case for prolonging Ms Schiavo’s life as representing the “culture of life,” Congress rushed though special legislation to move the case to federal courts for a fresh review. Mr Bush cut short a Texas holiday to sign the law shortly after 1am yesterday (6am Irish time).

The extraordinary intervention by the Republican-controlled Congress was opposed by the majority of Americans in a poll. The move was also assailed by Ms Schiavo’s husband and legal guardian, Michael Schiavo, and by some Democrats as politically motivated meddling in a bitter family matter that has already been decided by state courts.

Mr Bush thanked lawmakers for giving the parents “another opportunity to save her (Ms Schiavo’s) life.”

At yesterday’s hearing, a lawyer for Michael Schiavo urged the court not to revisit an issue already long ago decided in court.

“Every possible issue has been raised. How many trials do we have to have?” George Felos said.

An ambulance was standing by at Ms Schiavo’s hospice in Pinellas Park, Florida, to take her to the hospital for the possible reinsertion of the feeding tube.

Feeding was halted on Friday under order from a Florida court. Ms Schiavo was expected to live for a week to two weeks without the feeding tube that has sustained her since a heart attack deprived her brain of oxygen in 1990.

At yesterday’s hearing, Judge Whittemore repeatedly told Mr Gibbs that he had the legal duty to prove he was likely to prevail when the entire case is heard. He pressed him for case law that would support his claim that Ms Schiavo had been denied due process or that Circuit Judge George Greer had overstepped his authority in ruling that the feeding tube should be removed.

The courts have long sided with Michael Schiavo in ruling that she is in a persistent vegetative state and would not want to live in this condition. Appeals against Judge Greer’s first ruling for the tube’s removal in 2000 failed and, previously, federal courts have returned the case to state courts. Ms Schiavo’s parents believe their daughter is responsive, could improve with treatment and should live.

Key facts in the Schiavo life-support controversy

Who is she?

Terri Schiavo, now 41, collapsed at her home in 1990. Her heart temporarily stopped, cutting off oxygen to her brain. Her husband, Michael, won over $1m from a malpractice suit two years later. His lawyer said her collapse was caused by a potassium imbalance brought on by an eating disorder. Her parents dispute this.

What is the dispute about?

Whether her life should be ended by withdrawing her feeding and hydration tube. The tube was taken out on Friday, and her parents want it restored. Schiavo is locked in what some doctors say is a persistent vegetative state. Others, including her parents, insist she is minimally conscious, because she smiles and seems to respond in other ways.

Who wants to remove life support?

Michael Schiavo, guardian for his wife. He says that before her collapse she expressed the wish not to be kept alive artificially if the situation ever arose.

Who wants to retain life support?

Terri Schiavo's parents, Bob and Mary Schindler, who don't believe Michael Schiavo's statements about his wife's wishes. They say their daughter, a Catholic, would not disobey church teachings on the matter.

Why no compromise is likely:

The battle between Terri Schiavo's husband and parents has been bitter. The Schindlers argue that Michael Schiavo - who has fathered two children with his fiancee - is an unfit guardian and has a conflict of interest. Michael Schiavo claims Bob Schindler sought a share of the malpractice settlement, which the latter denies. The money is gone, much of it spent on legal bills related to Michael Schiavo's efforts to end life support.

The legal fight:

Florida courts have ruled consistently for Michael Schiavo. Florida's Supreme Court last year struck down "Terri's Law," which let Governor Jeb Bush intervene in the case.

The latest:

Yesterday, the US Congress passed a bill - which President Bush signed - that gives federal courts jurisdiction regarding the withholding of "food, fluids, or medical treatment necessary" to sustain Terri Schiavo, who is named in the bill.

What happens next?

An attorney for Schiavo's parents has filed a request to a federal appeals court to have the tube reinserted once the bill is signed. If no court action is taken, Schiavo could be expected to live one or two weeks after the removal of the tube.