March 22 (Bloomberg) -- A federal judge in Florida today refused to order doctors to reinsert the feeding tube of Terri Schiavo, a brain-damaged woman whose right-to-die case has touched off a national debate.

U.S. District Judge James Whittemore denied an emergency request by Schiavo's parents, Bob and Mary Schindler, who had exhausted state court appeals. The Schindlers filed a federal lawsuit early yesterday after Congress and President George W. Bush took extraordinary action to authorize U.S. court review.

``This court concludes that Theresa Schiavo's life and liberty interests were adequately protected by the extensive process provided in the state courts,'' Whittemore, who held a two-hour hearing yesterday in Tampa, wrote in a 13-page opinion. He said he refused to order the feeding tube reconnected because he didn't see a ``substantial likelihood'' that the Schindlers would ultimately succeed on the merits of their case.

The Schindlers, through lawyer David Gibbs, appealed Whittemore's ruling to the U.S. Court of Appeals in Atlanta.

``We hope they'll have relief,'' White House press secretary Scott McClellan told reporters in Albuquerque where Bush was campaigning for an overhaul of Social Security. ``We would have preferred a different ruling.''

Chemical Imbalance

Terri Schiavo, 41, suffered severe brain damage in 1990 when her heart stopped beating because of a chemical imbalance. Her husband and legal guardian, Michael Schiavo, wanted the feeding tube removed, saying she had told him that she wouldn't want to be kept alive artificially. Her parents dispute that.

Schiavo's husband asked the courts to allow his wife to die seven years ago after doctors told him there was no hope she would recover from a vegetative state. He got a state court to order the removal of the feeding tube on March 18. Medical experts say she may be able to survive until the end of the month without nourishment or water.

Michael Schiavo's lawyer, George Felos, declined to comment.

House Majority Leader Tom DeLay, a Texas Republican, said in a statement Whittemore's ruling is ``at odds with both the clear intent of Congress and the constitutional rights of a helpless young woman.''

The legislation Congress passed requires a ``new and full review'' of the case, DeLay said. ``I firmly believe the circuit court will give the case a full and appropriate review.''

Nineteen Judges

Nineteen Florida judges have heard the case over the last seven years and all sided with Michael Schiavo. The U.S. Supreme Court refused last week to hear an appeal filed by Terri Schiavo's parents and one filed by the House Committee on Government Reform. When those failed, Congress returned to Washington from recess and Bush came back from vacation to pass and sign the new law in the early morning hours yesterday.

``I'm deeply disappointed by today's court decision that denies Terri Schiavo another chance to live,'' Senate Majority Leader Bill Frist said in a statement. ``It is a sad day for all Americans who value the sanctity of life.''

In the federal case, the Schindlers seek to show that their daughter's constitutional rights were deprived during the state court proceedings.

Among other arguments that Whittemore rejected was the Schindlers' contention that a Florida state judge had become an advocate for Terri Schiavo's death. The judge had to act as a fact finder and make decisions in the dispute between Terri Schiavo's parents and husband, he said.

Judicial Responsibilities

``By fulfilling his statutory judicial responsibilities, the judge was not transformed into an advocate merely because his rulings are unfavorable to a litigant,'' Whittemore wrote.

Opponents of the congressional action on the Schiavo case said the law might be unconstitutional because it violates the separation of powers doctrine between the legislative and judicial branches of government.

Whittemore acknowledged that ``substantial questions'' might be raised about that issue but said he assumed the law was constitutional when making his decision on the emergency request.

The Schindlers ``offer no authority'' that the state court judge who ordered the feeding tube's removal ``compromised the fairness of the proceeding or the impartiality of the court by following Florida law,'' Whittemore wrote. ``Even under these difficult and time strained circumstances, however, and not withstanding Congress's expressed interest in the welfare of Theresa Schiavo, this court is constrained to apply the law to the issues before it.''

To contact the reporter on this story: Kristin Jensen in Washington at kjensen@Bloomberg.net Jeff St. Onge in Tampa at jstonge@Bloomberg.net

Last Updated: March 22, 2005 13:20 EST