A federal judge in Florida ruled today that Terri Schiavo's feeding tube should not be reinserted and that she should be allowed to starve to death - defying attempts by Congress and President Bush for her to be kept alive.

The feeding tube that was keeping the brain-damaged Florida woman alive was removed on Friday on the order of a state judge, ending an epic legal battle through the state courts between her husband, who wants her to die with dignity, and her parents, who want to keep her alive.

Concern for Mrs Schiavo's plight triggered an extraordinary political and legal battle. Congressmen rushed back to Washington from the Easter break to debate a Bill that would allow the case to be reopened by a federal court.

President Bush was woken up from his White House bed at 1.11am yesterday to sign into law the unprecedented piece of legislation, less than an hour after it cleared Congress.

Hours later Mary and Bob Schindler, Mrs Schiavo's parents, went to the Florida federal court and told District Judge James Whittemore that forcing her to die by starvation was a "mortal sin" under her Catholic beliefs and violated her constitutional rights.

But today, Judge Whittemore ruled that the tube should not be reinserted, saying that the Schindlers had not established a "substantial likelihood of success" at trial on the merits of their arguments.

In a written ruling issued very early today, he said that Schiavo's "life and liberty interests" had been protected by the Florida state courts. Despite "these difficult and time-strained circumstances", he wrote, "this court is constrained to apply the law to the issues before it."

Rex Sparklin, representing the Schindlers, said lawyers were immediately appealing to the 11th Circuit Court of Appeals in Atlanta to "save Terri's life". That court was already considering an appeal on whether Terri Schiavo's right to due process had been violated.

Bobby Schindler, Terri Schiavo's brother, said his family was crushed by the decision. "To have to see my parents go through this is absolutely barbaric," he told ABC's Good Morning America on Tuesday. "I'd love for these judges to sit in a room and see this happening as well."

The handful of protesters outside the woman's hospice where Mrs Schiavo has lain motionless for 15 years were angry at the ruling. "It's terrible. They're going to talk and talk and she's going to die," said Miriam Zlotolow, 59, of Venice, California.

The judge's decision was criticised by the Vatican and White House spokesman Scott McClellan expressed Mr Bush's disappointment.

"My understanding is that the lawyers for the parents are now appealing," said Mr McClellan. "We hope that they will be able to have relief, through the appeals process. We continue to stand on the side of defending life."

Mrs Schiavo's husband and legal guardian, Michael, who has two children with a new partner of ten years, has argued that his wife has no will and would not have wanted to be kept alive by a feeding tube.

He says he is outraged that Congress and the President intervened in a private matter. "When Terri's wishes are carried out, it will be her wish. She will be at peace. She will be with the Lord," he said on CNN's Larry King Live last night.

Mr Bush's intervention has also reopened old political wounds in Texas, where his opponents accused him of hypocrisy and pointed out that there were 152 death sentences carried out in the state while Mr Bush was its governor.

"I saw many, many cases where there was substantial doubt about whether someone was guilty or whether the death penalty was the appropriate sentence, but he never said anything," said David Atwood, head of the Texas Coalition Against the Death Penalty. "I really can't say he cares about life."

The emotional and politically charged right-to-live drama has divided Mrs Schiavo's family and much of America.

Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly because of a possible potassium imbalance brought on by an eating disorder. She can breathe on her own, but has relied on the feeding tube to keep her alive.

Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery, while her parents insist she could recover with treatment. Doctors have said that Schiavo could survive one to two weeks without the feeding tube.

Mrs Schiavo's case has been the subject of more than ten court decisions in seven years, all of which have backed her husband Michael's wish to let her die. Nearly 20 Florida state judges have ruled in favour of Mr Schiavo, and the US Supreme Court has repeatedly refused to hear the case.

But such is the strength of feeling about the case across America, elected politicians decided to overrule the courts who have heard the evidence. The House of Representatives approved the Bill by 203 votes to 58 at 12.42am yesterday. Hours earlier the Senate had also approved the legislation.

As soon at the Bill was passed, it was rushed to Mr Bush, who had also interrupted his holiday and who signed the measure into law standing in the hallway outside his bedroom. He said that in cases such as Mrs Schiavo's, "our laws and our courts should have a presumption in favour of life".

According to a CNN-USA Today-Gallup poll of 909 adults taken over the weekend, nearly six in 10 people said they think the feeding tube should be removed and felt they would want to remove it for a child or spouse in the same condition/

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