Posted on 03/09/2005 5:27:52 PM PST by the libertarian man
State acts on two fronts to save Terri Schiavo's life By MITCH STACY Associated Press Written March 9, 2005
CLEARWATER, Fla.- The state of Florida acted on two fronts Wednesday to try to block the March 18 removal of the feeding tube keeping brain-damaged Terri Schiavo alive.
As the Department of Children & Family Services sought intervention in the case to investigate allegations of abuse and neglect by the woman's husband, Republican lawmakers crafted a bill requiring that Schiavo and other incapacitated people be afforded water and nutrition unless a living will directs otherwise.
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The state's actions come as supporters of the woman's parents, including Gov. Jeb Bush, look for ways to keep her alive against the wishes of her husband, who has gotten a court order to stop her artificial feedings so she can die.
Also Wednesday, her parents, Bob and Mary Schindler, were dealt another loss in the long-running, contentious legal battle when a state judge denied two more of their motions, including one that asked for new medical tests to determine if the 41-year-old woman has more brain activity than previously thought.
DCF lawyers told the judge the agency wants as much as a 60-day delay in the removal of the feeding tube to investigate allegations of abuse and neglect by husband Michael Schiavo.
A DCF supervisor, Susan McPhee, testified that the accusations include denying her some medical treatment and therapy, and isolating her in her room with the blinds closed.
"This is a heightened situation because we are talking about the life of Terri Schiavo," DCF attorney Kelly McKibben told Circuit Judge George W. Greer in a hearing, adding that she believes the court cannot impede an agency investigation.
But the husband's attorney, George Felos, argued that the DCF has no legal right to interfere and Greer has no jurisdiction to allow it. He said he believes the agency's last-minute attempt is politically motivated, especially because dozens of previous complaints to DCF have failed to yield any evidence of abuse.
"DCF is simply acting as an arm of the executive branch to try to undo a court order they don't like," Felos told reporters.
Greer said he would rule on the DCF request as early as Thursday.
In Tallahassee, a House committee approved a bill requiring doctors to provide nutrition and hydration to incapacitated patients who didn't leave an advance directive. It passed 7-4 on a party-line vote and still needs approval from two more committees before facing the full House.
Exceptions would be made for patients who gave specific verbal instructions but only if those instructions meet strenuous guidelines.
Democratic lawmakers accused Republican sponsors of going against their party's core values by reducing the say of family while expanding government.
"Here comes big government going right into the hospitals," said Rep. Eleanor Sobel, D-Hollywood.
Howard Simon, executive director of the American Civil Liberties Union of Florida, said the proposal "assaults the privacy rights of every person in Florida."
But Rep. Dennis Baxley, R-Ocala, defended his bill, saying nutrition and hydration should be considered a part of basic care. Bush said he also supported it.
"We're not talking about life support," Baxley said. "We're talking about food and water, basic nutrition every life must have."
Besides denying the motion requesting a new medical evaluation, Greer also denied a motion asking that the order allowing removal of her feeding tube be thrown out because the judge mistakenly discounted the testimony of a witness during the trial to determine her wishes.
Michael Schiavo has fought his in-laws in court for nearly seven years to stop her artificial feedings so she can die, contending it was her wish not to be kept alive artificially. He said his wife made such statements before a 1990 heart attack cut off oxygen to her brain for five minutes, leaving her in what the court has ruled is a persistent vegetative state.
But the Schindlers don't believe she had those end-of-life wishes. They also dispute that their 41-year-old daughter is in a persistent vegetative state, claiming that she laughs, cries, responds to them and tries to speak.
The internationally watched case has become politically charged, with Bush saying he would do anything he could do to try to save Terri Schiavo's life.
The governor in October 2003 pushed a law through the Legislature authorizing him to resume the woman's artificial feedings six days after the court stopped them. The law subsequently was ruled unconstitutional.
On Tuesday, U.S. Rep. Dave Weldon and U.S. Sen. Mel Martinez, both Republicans from Florida, introduced legislation in Washington that could give the Schindlers access to federal courts in the effort to save their daughter's life.
If everybody could just write e mails to the right people a tragedy can be avoided.
Y'know - there are convicted criminals on death row that are afforded more consideration by the courts than Terri is.
In those cases they ask questions "after" making sure of the safety of the ones suspected of bring abused.
How this so called judge can refuse something as basic as medical tests is beyond me. He truly must want Terri dead. I despair that no matter what motions are filed, no matter how many appeals are made to the Governor, the President and lawmakers- Greer will persist in demanding that Terri be killed. How this despot can be handed the life of one innocent woman and be allowed to crush it with judicial tyranny is beyond my understanding. Someday God will judge this man- if God's justice is as unmerciful as Greer's has been than I shudder for his soul.
Now more than ever Terri needs our prayers and our actions. Miracles do happen.
I am God...no, I am Judge, no....well... I just have a hard time making up my mind anymore.
Suggest that to Jeb ... he's in the political game so it may appeal to his gamesmanship.
WTF???
And just how is that Howard, you commie sob?
Note to Jeb : Its easier to apologize than ask permission.
Whoa... What did I miss??
If Terri dies, any thoughts of a future run at the Presidency by Jeb Bush are kaput.
He may have already burned himself for good anyways.
All I can think right now is, "Whoa... What if Jeb Bush was President and there was a need for immediate, decisive action in the face of a crisis?"
Jeb Bush is appearing to be not the kind of guy I would want to depend on.
VERY disappointing.
It would be best if this were resolved NOT with a court ruling, but with the absolutely determined and fearless DEFIANCE of a court ruling, and if possible of several court rulings. The executive branch in Florida should act immediately and with utter confidence. G-D DAMN THE CONSEQUENCES. This is the time to start a genuine REVOLT against judicial supremacy, and against the liberal-left culture of death.
There is a slight chance, here, to force the emergence of a GENUINE, ANGRY, FEARLESS, MILITANT citizen movement to OVERTHROW judicial supremacy. In short, to bring about a GENUINE RIGHT, not the pablum that passes for most of the Right today.
3 - "Y'know - there are convicted criminals on death row that are afforded more consideration by the courts than Terri is."
Good point. Perhaps, if we could get her to kill her husband, we could save her life.
Yup. Where I come from we call it "The Grace Murray Hopper Principle".
It works great.
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