This story has been updated with details about Tinslee's family filing an appeal.
Chief Justice Sandee Marion has denied a temporary injunction to keep 11-month-old Tinslee Lewis alive in Fort Worth.
Tinslee will be given life-sustaining treatment for at least seven more days at Cook Children's Medical Center as a legal battle continues between the hospital and her family regarding the continuance of care.
Thursday afternoon, the attorney representing Tinslee's family filed a request for emergency relief from a state appellate court, according to documents.
Lewis has been hospitalized with grave lung and heart problems since birth, and in late October, Cook Children’s Medical Center determined that medical efforts to help Tinslee were only causing the baby more suffering and pain.
Doctors then told the family they’d be removing life-sustaining treatment in 10 days in accordance with state law.
A legal battle followed.
Both sides testified in December in a Fort Worth courtroom after the family filed a restraining order against Cook Children's last month to keep Lewis alive.
The judge said she would make a decision in the case on or before Jan. 2, extending the time Tinslee should remain on life support. Marion denied the injunction Thursday.
The baby’s mother, Trinity Lewis, has said she wants to be the one to make the decision for her child and that they will appeal the decision.
“I am heartbroken over today’s decision because the judge basically said Tinslee’s life is NOT worth living," she said in a written statement issued by Texas Right to Life. "I feel frustrated because anyone in that courtroom would want more time just like I do if Tinslee were their baby. I hope that we can keep fighting through an appeal to protect Tinslee. She deserves the right to live. Please keep praying for Tinslee and thank you for supporting us during this difficult time.”
But Dr. Jay Duncan, who cares for Tinslee at Cook Children's, testified last month that doctors have done as much as they can.
“There are no more treatments we can do to Tinslee for improvement,” he testified. “She is in pain.”
An attorney for Cook Children's argued that medical professionals are violating their Hippocratic Oath to not cause harm by caring for Tinslee.
Lewis' attorney, Joe Nixon, contended that the state law allowing Cook Children's to stop care is unconstitutional.
The constitutionality debate in the courtroom could wind up being a landmark case for Texas.
Gov. Greg Abbott and Attorney General Ken Paxton released the following written statement Thursday:
"The case of Tinslee Lewis is complex and heartbreaking, and the state will continue to support Ms. Lewis’s exhaustion of all legal options to ensure that Tinslee is given every chance at life. The Attorney General’s office is involved in the ongoing litigation, fighting to see that due process and the right to life are fully respected by Texas law. The Attorney General’s office will be supporting an appeal of this case to the Second Court of Appeals. The State of Texas is fully prepared to continue its support of Ms. Lewis in the Supreme Court if necessary. We are working diligently to do all we can to ensure that Tinslee and her family are provided the care and support that they seek."
This is a developing story and will be updated. Download our free WFAA app to stay up-to-date on all news stories in the Dallas-Fort Worth area.