Terri Schiavo's parents (04A825)

March 24, 2005 Supreme Court Update

As expected, today the Court denied without comment the request by Terri Schiavo's parents (04A825) for an order to reinsert her feeding tube. The order simply reads: "The application for stay of enforcement of judgment pending the filing and disposition of a petition for writ of certiorari presented to Justice Kennedy and by him referred to the Court is denied."
Schiavio's parents applied for the stay after a Florida district court judge declined to enter a TRO on the ground that they had no real chance of prevailing on the ultimate merits of their federal-court challenge to the state court's order to remove her feeding tube. The Eleventh Circuit upheld that ruling and denied rehearing en banc.
While the parents' underlying federal-court lawsuit can still proceed, it will not be much use to them without a stay. For now, the primary focus shifts back to the Florida state courts, which are considering a new request by state officials to take "custody" of Schiavo, and the district court, where Schiavo's parents have once again asked for an order to reinsert her feeding tube based on a different set of arguments. So the Supreme Court may well see the case yet again.
We'll be back next week with more opinions.
Ken & Kim
From the Appellate Practice Group at Wiggin and Dana. For more information, contact Kim Rinehart, Ken Heath, Aaron Bayer, or Jeff Babbin at 203-498-4400