BREAKING NEWS ~ Supreme Court refuses Schiavo stay

[JURIST] AP is reporting that the US Supreme Court has just refused to issue an emergency stay in the Schiavo case, and will not order re-insertion of her feeding tube. From DC, SCOTUSblog reports that the order reads: "The application for a stay of enforcement of judgment pending the filing and disposition of a petition for write of certiorari, presented to Judge Kennedy and by him referred to the Court, is denied." There appear to have no dissents.

10:41 AM ET - AP now has more. The Supreme Court refusal appears to leave only one other immediate legal option for the Schindlers that could keep Terri Schiavo alive - a petition to intervene for a protective order by the Florida Department of Children and Families. Pinellas County circuit court judge George Greer issued an injunction against any such action late Wednesday [JURIST report] but has said he would rule on the formal motion by Noon today. Further federal court action by the Schindlers is still possible however, especially as a suit filed under the federal law passed Sunday remains to be tried.

11:28 AM ET - A copy of the brief Supreme Court order denying the emergency stay is now online [PDF].

1:24 PM ET - Florida attorney Mark Conigliaro has posted a copy of an amended complaint [PDF] filed by the Schindlers with US District Judge James Whittemore, who ruled against them Tuesday in their original request for an injunction that could allow the restoration of Terri Schiavo's feeding tube.

4:40 PM - ABC WTSP-TV in Tampa says a hearing on the amended complaint is scheduled for 6 PM this evening.

7:52 PM ET - Florida attorney Mark Conigliaro has posted the Schindlers' second amended complaint [PDF; adding a Fourteenth Amendment claim that removing Terri Schiavo's feeding tube is opposed to her wish to live] and Judge Whittemore's briefing and hearing schedule [PDF] on his Abstract Appeal weblog.



 

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.