Legislature May Act To Save Terri Schiavo

TALLAHASSEE, Fla. -- Senate President Jim King said Monday he would propose legislation that could save the life of a severely brain-damaged woman whose feeding tube was removed last week by her husband's order.

King, R-Jacksonville, said the measure would give Gov. Jeb Bush the authority to order that the feeding tube be reinserted to keep Terri Schiavo (pictured, left) alive.

The tube was removed Wednesday following a decade-long court battle between Schiavo's parents and their son-in-law, who said that he is carrying out her wishes not to be kept alive artificially.

"If we are to err -- because time is of the essence -- for goodness sake, let us err on the side of caution," King said.

King said lawmakers likely would take up the Schiavo issue this week during a scheduled special session regarding economic development issues, but he didn't know when.

Meanwhile, Schiavo supporters are praying outside the state Capitol, asking for intervention from state leaders.

Vigil leaders insist Gov. Jeb Bush has the legal means to step in and save Schiavo, but has refused to do so. They are planning to move their vigil to the front gates of the governor's mansion Monday evening.

Schiavo has been in what doctors call a vegetative state since her heart stopped in 1990 from a suspected potassium imbalance.

A loose transcription of some of the House debate tonight:

Liberal Rep:

This bill opens up entirely the judicial process so that our governor can do whatever he chooses to do. If you care about our constitution, then my friends, you should stand here today. This is a patently unconstitutional bill.

Rep. Davis:

I want to talk about the moral correctness of this particular case. Sometimes judges are wrong. This judge was wrong.

Rep. Burmine (Sp?):

This is a very emotional issue. I have to talk from my heart. We’re talking about the constitution. The constitution is supposed to protect the people of this state. Who’s protecting this girl? The Supreme Court refuses to hear this case. So, who’s going to save this girl? We have to.

Rep. Wishner:

Now, the governor is not in the medical field. There have been many physicians who have reviewed this case. The reality of it is that, are we going to make a decision about each and every case?

Rep. Bev Kilmer:

Our responsibility to protect the health and safety to citizens. There is no person more vulnerable right now than (Terri). What would be the worst thing that would happen if we pass this bill? And what would be the worst thing that would happen if we did nothing? We have the ability to stop this.

Rep. Richardson:

Members, I would remind each and every one of you when we were elected, when you raised your right hand and you swore to uphold the Constitution, now, if all of a sudden, you don’t want to obey the Constitution, let’s just throw it away, because it’s not worth the paper it’s printed on. Our rule of law is based on that Constitution. Our laws are not based on emotion.

Rep. ?:

This poor woman is dying. If this is government intrusion at its worst, then I’ll stand here and fight for that. Terri Shiavo has a right to continue. We have a right to look this through. This is not an issue we should take lightly. Taking away food and water is not a way to achieve closure.

Rep: ?:

Members, Rep. Richardson made a good point…we’ve all got to uphold the Constitution. …This woman should live, but we’ve got to uphold the separation of powers.

Rep. Brown:

This is a difficult question. We have heard in debate both those who believe this bill is unconstitutional, but I have a question for you: since when have we gone to the court and asked for prior permission to pass a measure? Since when have we gone to the courts and asked them whether a bill is constitutional or not? I was sent here by 133,000 people because I have life experiences. I don’t feel like for one second that by voting for this bill, I have violated the Constitution.

Rep. Homon:

This is a very public, not a very private issue. From the e-mails that I’m getting, the public wants this body to make a decision on this issue. This one issue is on their mind. Your constituents are making an appeal for you to make a decision for the family of this case.

Rep Fiorentino:

This bill from 1999 was written for comatose individuals, not brain-damaged individuals. No person shall be deprived of any right because of race, religion, or physical disability.

Rep. Wiles:

I think all of us understand that a life is at risk. The governor knew about this issue ten days ago, and he didn’t include this in his original call. We did nothing eight hours ago. Given the gravity of saving a life, giving legislators an hour to review a bill is unconscionable. For the sake of all members of this House, Mr. Speaker, Governor, this all should have been handled in a much more respectful way. I’m concerned that, given the rush, we would have overlooked something that truly would have saved this woman’s life.

Rep. Baxley:

If I’m going to err tonight, I’m going to err on the side that gave somebody a chance to live.

Rep. Harrington:

In the early ‘90’s, my father-in-law was in a comatose state. After five months, the doctors urged us to make a decision to end his life. We all gathered in that room and said goodbye. My grandmother returned from the room and said, ‘He’s trying to talk.’ Three months later, he was off a dialysis machine. I want Terri Shiavo to have that chance. Let God do His good work on this earth. Vote yes on this bill.

Rep. Attkisson:

The courts acted on the laws that we gave them. Do you like what you see?

I’m amazed that we talk about marriage. Let’s really talk about it. Marriage is a time-honored institution. But I look at the Bible and it says, “Thou shalt not commit adultery.” Now, let me ask a question: what woman would continue to live with a man who chooses to be engaged to another woman? What woman would have that man make choices about her life?

America was based on freedom. Freedom means life and how you look at it. I’m going to give life.

Rep. Bucher:

This one is very political. How many times will we question what the judicial branch is doing?

Rep. Allen:

Members, I think we all were saddened by the family’s plight that we’ve been seeing. All of us have probably questioned, why did the court proceedings not come on the side of the family every time? I know I have questioned that. . . .We should do better than thirsting and starving someone to death.

Rep. Ambler:

We are left with a decision tonight that will be irreversible. If you vote on the constitutionality, then this woman dies.

Rep. Meadows:

If we do something that’s unconstitutional--we do it all the time. It’s challenged, and it’s found unconstitutional. Look into your hearts, look into your souls, and think that I have a chance here to give someone another chance. Maybe this person might come back. We don’t know that, but we have a chance to afford this person that opportunity. It’s not fifteen years, it’s fifteen days. Fifteen days. That’s all it is. I’ve prayed about it. It’s the right thing to do.

Rep. Gordon:

I would ask you to give these parents tonight the opportunity to be with their child.

Rep. Poppell:

I would like to see you tonight, after thinking it over….folks, try and keep your mind on the people who elected you here. Let’s vote for this bill tonight and see if we can’t give this opportunity to this person.

Rep. Stargel:

I started looking at this case, and asking why. This is not the bill that I came up with. This is legal, this is a way that we can move forward and save this person’s life. When I thought of Persistent Vegetative State, I thought of comatose. I didn’t think of a person who would open their eyes, look around the room, try to speak.

Shortly after Mr. Shiavo won his award, he ordered his nurses to stop helping Mrs. Shiavo, to help death come about her more quickly. He could have left her, and her parents taken over. He did not do that.

This bill is tightly-crafted, to the governor’s call. I urge you to vote for this bill.

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