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Federal Judge to Hear Schiavo Case at 3 PM Today


The ongoing saga of Terri Schiavo continues today in a Florida federal district court which is scheduled to hold a hearing on the matter at 3:00 PM EST this afternoon.

The case ended up in federal court after both houses of Congress passed legislation aimed specifically at the Schiavo case which transferred jurisdiction of the case to federal court. President Bush returned early from his vacation at his Texas ranch to sign the bill into law.

The case will be heard by Judge James Whittemore. Whittemore has served on the federal bench since he was appointed in 1999 by Bill Clinton.

Michael Schiavo, Terri's husband, was angered by the actions taken by lawmakers to prolong his wife's existence artificially. 'This is a sad day for Terri. But I'll tell you what: It's also is a sad day for everyone in this country because the United States government is going to come in and trample all over your personal, family matters,' he said on Monday's broadcast of ABC's 'Good Morning America.'

Michael Schiavo claims that his wife told him explicitly that she did not want to be kept alive artificially if she were in a vegetative state. According to court appointed doctors, Ms. Schiavo has been in a persistent vegetative state since 1990 and has no chance of improvement.

Terri's parents, Bob and Mary Schindler, claim that their daughter could improve with proper treatment and dispute the findings of the court doctors. Their claim in federal courts is based upon Terri's civil rights and her right to freedom of religion.

Terri Schiavo cannot swallow for herself so she has been receiving food and hydration through a feeding tube. The tube was disconnected Friday by a Florida court judge. The Schindler's are trying to have it reattached. The feeding tube has been removed twice before only to be replaced.

President Bush indicated he remains on the side of prolonging Terri Schiavo's existence. In a statement after he signed the bill into law, Bush said, 'In cases like this one, where there are serious questions and substantial doubts, our society, our laws and our courts should have a presumption in favor of life.'

All of this controversy could have been avoided had Terri Schiavo signed a living will or a medical proxy. Instead, the fight over her care continues to drag on in court.

Brad Kurtzberg



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