Supreme Court stays out of right-to-die case
on Mar 17, 2005 at 7:08 pm
The Supreme Court on Thursday evening refused to block a Florida state judge’s order to withdraw a feeding tube that has kept alive a brain-damaged woman. The Court declined, in a brief order, to stay the withdrawal order until the woman’s parents could file a petition for review in the Supreme Court. The state judge’s order is to take effect at 1 p.m. Friday.
The Court gave no explanation for its order. On January 24, the Justices had denied review of an earlier appeal by Florida Gov. Jeb Bush seeking to delay the withdrawal of food and water from Theresa Schiavo (Bush v. Schiavo, 04-757).
Mrs. Schiavo’s parents, Robert and Mary Schindler, had filed an emergency application for a stay until they could ask the Court to review the case (application 04A801). The request was filed with Justice Anthony M. Kennedy, who referred it to the full Court, leading to the denial. Kennedy is the Circuit Justice handling emergency matters from Florida and other states in the 11th Circuit.
Because state courts have refused repeatedly in recent days to delay the withdrawal of nutrition, it now appears to be up to Congress or the state legislature to decide whether to take action in an attempt to spare her life.
