March 24 (Bloomberg) -- The U.S. Supreme Court refused to order that Terri Schiavo's feeding tube be reinserted, leaving the parents of the brain-damaged Florida woman with dwindling legal options as they fight to keep her alive.

The justices, without comment, today rejected an emergency application filed in Washington by Schiavo's parents, Bob and Mary Schindler. It's the fifth time since 2001 the justices have refused to get involved in the Florida case.

Meanwhile, a state judge refused to let Governor Jeb Bush and the Florida Department of Children and Families intervene on behalf of Terri Schiavo or take custody of her. The agency claimed Schiavo might not be in the ``persistent vegetative state'' her doctors have diagnosed.

``Absent a kidnapping, Terri Schiavo is going to remain at hospice,'' said George Felos, a lawyer for Schiavo's husband, who has waged the legal battle to remove the feeding tube. ``Terri is peaceful. She is dying. She is in her death process,'' Felos said.

Medical experts say Schiavo, now without food or water for six days, may have only days to live unless the feeding tube is restored.

The Schindlers also filed a new request with a federal judge in Tampa to order the feeding tube reinserted. The judge, James Whittemore, earlier this week rejected a similar request. He scheduled a hearing for 6 p.m. local time.

Today's Supreme Court action may mark a culmination of a fruitless effort to use a new federal statute, signed by President George W. Bush three days ago, to prolong Schiavo's life.

The Supreme Court rejected the application in a one-sentence order without published dissent. Justice Anthony M. Kennedy, who is assigned to handle emergency matters from Florida, had referred the application to the full court.

Severe Brain Damage

``The president is saddened by the latest ruling,'' White House spokeswoman Dana Perino said. ``We continue to stand with those who are on the side of defending life.''

The decision ignores ``a compelling case for reexamination of the medical evidence,'' said U.S. Senate Majority Leader Bill Frist, a Tennessee Republican. ``It is a sad day for her loving family and for their innocent and voiceless daughter.''

Schiavo, 41, suffered severe brain damage in 1990 when her heart stopped because of a chemical imbalance. Her husband and legal guardian, Michael Schiavo, waged a seven-year legal battle in Florida courts to remove her feeding tube in accord with what he said were her wishes not to be kept alive artificially.

After Schiavo's feeding tube was removed last week, Congress took the extraordinary step of authorizing a federal court lawsuit by her parents. The question before the Supreme Court was whether to order the tube reinserted while that lawsuit goes forward.

Considering the Merits

The three-judge 11th Circuit panel, ruling yesterday, said the Schindlers ``failed to demonstrate a substantial case on the merits of any of their claims.''

``There's no denying the absolute tragedy that has befallen Mrs. Schiavo,'' the court's 2-1 ruling said. ``We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law. In the end, and no matter how much we wish Mrs. Schiavo had never suffered such a horrible accident, we are a nation of laws.''

The appeals court upheld a ruling issued a day earlier by a federal judge in Tampa. In the last seven years, 19 Florida judges have heard the case and all sided with Michael Schiavo.

Following yesterday's court rulings, the Florida Senate defeated a bill, 21-18, to authorize reattachment of the feeding tube.

Jeb Bush

The Supreme Court in January refused to hear an appeal by Florida Governor Jeb Bush that sought to revive a state law aimed at prolonging Schiavo's life. Last week, the high court again refused to get involved, rejecting requests from the Schindlers and from a U.S. congressional committee.

Governor Bush, the president's brother, said at a press conference yesterday that the new opinion by neurologist William Polk Cheshire Jr. suggests she is in ``a state of minimal consciousness'' rather than the ``persistent vegetative state'' her court-appointed doctors have diagnosed.

Cheshire observed Schiavo at her bedside and examined videotapes of her but did not examine her, Bush said.

``This new information raises serious concerns and warrants immediate action,'' Governor Bush said. ``If there's any uncertainty, we should err on the side of protecting her. We're exhausting all executive options and are continuing to work with the Florida legislature to save Terri's life.''

State Judge

Florida State Judge George Greer said there isn't any grounds for believing Terri Schiavo can be helped.

The governor's petition doesn't say ``there is any new treatment that would significantly improve the quality of her life so that she would reverse the prior decision to withdraw life- prolonging procedures,'' Greer wrote.

To contact the reporter on this story: Greg Stohr gstohr@bloomberg.net.

Last Updated: March 24, 2005 14:25 EST