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(Florida) Senate, House Reach Deal in Effort to Block Terri Schiavo's Death
Sun Sentinel.com ^ | 3.15.05 | Sean Mussenden

Posted on 03/15/2005 8:08:59 AM PST by gopwinsin04

House and Senate legislators Monday reached a deal Monday on a bill designed to prevent Terri Schiavo's death, as the Florida Legislature, for the second time in two years, moved to intervene in the internationally watched case.

Key members in both chambers say they expect the bill to come up for a vote before Friday, the say the severely brain damaged woman's feeding tube is scheduled to be removed.

In most cases, the legislation would block a guardian from allowing someone 'in a persistent and vegtative state' to die by withholding food and water unless that person had written instructions asking not to be kept alive with artifical feedings.

The bills, HB 701 and SB 804, are scheduled for hearings in their final committees today and could come to the floor of both chambers by Thursday.

Legislators in both chambers said Governor Jeb Bush's legal counsel played an integral role in shaping the legislation and indicated that he would likely sign it.

George Felos, the attorney for Michael Schiavo, predcicted that the measure would again be declared unconstitutional.

'This is purely a knee jerk response to the growing political clout of the far right, and it's tragic that legislators don't have any concern about the constitutionality of the acts they pass.'

(Excerpt) Read more at sun-sentinel.com ...


TOPICS: Culture/Society; Extended News; News/Current Events; Politics/Elections; US: Florida
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Looks like Flordia and Jeb will take care of this and Congress may not have to get involved.
1 posted on 03/15/2005 8:09:01 AM PST by gopwinsin04
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To: gopwinsin04

LifeNews.com had a similar article last night...


2 posted on 03/15/2005 8:11:46 AM PST by topher (Pray for our leaders -- Pray for our Chief Justice of the Supreme Court)
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To: Ohioan from Florida; Salvation; Goodgirlinred; cpforlife.org

Ping


3 posted on 03/15/2005 8:12:53 AM PST by topher (Pray for our leaders -- Pray for our Chief Justice of the Supreme Court)
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To: gopwinsin04
Let's hope it holds.. more here
4 posted on 03/15/2005 8:15:03 AM PST by traderrob6 (http://www.exposingtheleft.blogspot.com)
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To: topher
Sounds good since people had some doubt whether it would get through the State Senate as easily.

I think next the Florida State House should see about impeaching Judge Greer!

5 posted on 03/15/2005 8:15:25 AM PST by wildandcrazyrussian
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To: gopwinsin04

6 posted on 03/15/2005 8:15:56 AM PST by floriduh voter ( www.theempirejournal.com BUSTING TERRI'S BAD JUDGE EVERY DAY.....)
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To: gopwinsin04

Yeah, but this'll be struck down just like the last one. It'll buy time no doubt, but she still needs something on the federal level. She needs to get out from under the FL judiciary, as they ALL want her dead, period.

Terri needs a writ of habeus corpus.


7 posted on 03/15/2005 8:16:05 AM PST by oprahstheantichrist (Terri's battle is NOT against flesh and blood....)
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To: topher

Excellent, thanks... http://www.lifenews.com/bio779.html


8 posted on 03/15/2005 8:16:25 AM PST by gopwinsin04
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To: oprahstheantichrist
The Tampa Paper says that the Congressional bill will be going forward in committee on Wednesday.

That one may take longer, so another Florida law is probably the best bet for now.

9 posted on 03/15/2005 8:18:30 AM PST by gopwinsin04
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To: gopwinsin04
OK, I'm confused. Your excerpt states that in most cases, the patient would have to have his or her wishes in writing, but then later in the article -

In the absence of written instructions, the legislation would allow a guardian to deny food and water if there was "clear and convincing evidence" that the incapacitated person made his or her wishes clear orally.

So, how will this stop Schiavo? He's claimed all along that Terri made her wishes known orally, and it sounds like this legislation will rely on court interpretation of how clearly this was done via "clear and convincing evidence." This won't bind Greer at all as he consider's Schiavo's testimony to be "clear and convincing evidence."

Also from the article -

But Bruce Winick, a constitutional law professor at the University of Miami, disagreed.

"It amounts to another legislative interference with an ongoing court case, which was the issue the Supreme Court raised last time," he said. "This is still changing the rules. When she made her original decision not to be kept alive artificially, the laws of Florida allowed her to make that decision orally."

Hey Bruce, when Terri allegedly made these statements to her husband, the law did NOT allow a feeding tube to be considered life support. Several years later the law was amended to include feeding tubes as life support, and this revision was applied retroactively to Terri's case. So who exactly, is changing the rules?

10 posted on 03/15/2005 8:19:22 AM PST by agrace
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To: oprahstheantichrist

No, what Terri needs is for the Courts to be made a co-equal branch of the government again. Yes, you are correct, the courts will strike this down again and the circle will continue. Sooner or later, the legislature and the Executive (it could start in Florida and, who knows, spread to the Federal level) have to say to the Courts, "you are overruled and we will NOT enforce your illegal order. We are the legislature, the voice of the people and we have spoken."

If the Executive refuses to enforce or obey a Court ruling, and the Legislature backs the Executive up, there is NOTHING the Court can do about it. The power of the runaway judiciary will only be curbed when this starts to happen.


11 posted on 03/15/2005 8:20:54 AM PST by FlipWilson
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To: gopwinsin04
I hope those freepers who have been quick to accuse Jeb Bush of not caring note that Bush's folks were instrumental in drafting the legislation. Just because we can't see what is going on behind the scenes, doesn't mean that nothing's going on!
12 posted on 03/15/2005 8:21:00 AM PST by utahagen
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To: agrace
I've been for going the Congressional route on this, perhaps an appeal court could rule differently on a state case.

But I don't think Terri's parents have the time to wait for the Congressional wheels to get moving right now.

13 posted on 03/15/2005 8:21:48 AM PST by gopwinsin04
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To: gopwinsin04
"George Felos, the attorney for Michael Schiavo, predicted that the measure would again be declared unconstitutional." That Felos predicted this is good news, because it implies he expects the legislation to pass in the first place!
14 posted on 03/15/2005 8:23:07 AM PST by utahagen
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To: gopwinsin04
I am not a lawyer, but I think this bill will pass constitutional muster, if I understand the objections of Florida's Supreme Court to the last bill.
15 posted on 03/15/2005 8:23:17 AM PST by snowsislander
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To: snowsislander

That could very well be, I wish (former Justice Thomas clerk) Laura Ingraham could see that and look to see if it meets constitional muster.


16 posted on 03/15/2005 8:24:37 AM PST by gopwinsin04
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To: gopwinsin04

Terri bump!


17 posted on 03/15/2005 8:25:41 AM PST by wisconsinconservative ("Life Support".....It's what's for dinner!)
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To: gopwinsin04
Listen up Florida legislature....I and my spouse don't need your paper to die with dignity. My life and death belong to me and my God. If I can't speak my spouse will speak for me, with or without your "living will". The state, church and courts need to get out of our lives.
18 posted on 03/15/2005 8:27:46 AM PST by Drango (All my ideas, good or bad, are stolen from other FReepers)
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To: gopwinsin04
It may be too late to save her. Hopefully it can become law in time and if not it, will definitely save others.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
19 posted on 03/15/2005 8:30:02 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: snowsislander

Just the fact that we are wondering how the Florida Supreme Court will rule is an indicator that we expect this legislation to pass. Yeah! Let's keep praying hard!


20 posted on 03/15/2005 8:30:56 AM PST by utahagen
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