Prometheus 6

Quote of note:

"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."

Judge Raises Doubts About Schiavo Case
He says that before he rules, her parents must bolster their appeal for reinserting her feeding tube. She is in her fourth day without nourishment.
By John-Thor Dahlburg
Times Staff Writer
March 22, 2005

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.