Posted on 10/21/2003 5:55:07 AM PDT by varina davis
Fla. Senate Gets Into Comatose Woman Tiff
October 21, 2003 07:49 AM EDT
TALLAHASSEE, Fla. - Florida House lawmakers stepped into the contentious battle over the fate of a brain-damaged woman slowly starving to death, voting the governor new powers to restore her feeding tube.
The Florida Senate scheduled a vote Tuesday on a House-passed bill to let Gov. Jeb Bush intervene in the case of Terri Schiavo, one of the nation's longest and most bitter euthanasia cases.
Schiavo has been at the center of a court battle between her parents, Bob and Mary Schindler, and her husband, Michael Schiavo. The parents want Terri Schiavo to live, and her husband says she would rather die.
The Florida Supreme Court has twice refused to hear the case, and it also has been rejected for review by the U.S. Supreme Court. Last week, a Florida appeals court again refused to block removal of the tube.
The House measure would give the state's governor 15 days to order a feeding tube to be reinserted in cases like Schiavo's. The governor's power would be limited to cases where a person has left no living will, is in a persistent vegetative state, has had nutrition and hydration tubes removed and where a family member has challenged the removal.
Bush said in a statement earlier Monday that lawmakers understand the "unique and tragic circumstances of Ms. Schiavo's case, and I am hopeful the Legislature will pass a bill immediately."
The House voted 68-23 for the bill late Monday. The Senate Rules Committee planned to take the bill up Tuesday morning, with the full Senate scheduling a vote by early evening.
George Felos, attorney for Michael Schiavo, said he thinks the legislation would be unconstitutional. He said it is Terri Schiavo's right under the Florida Constitution to not be kept alive artificially.
Court-appointed doctors have described the 39-year-old woman as being in a vegetative state, caused when her heart stopped in 1990 from a suspected chemical imbalance. Her feeding tube was removed Wednesday.
Doctor said she will die in a week to 10 days without the tube.
Schiavo's family members believe she is capable of learning how to eat and drink on her own and say she has shown signs of trying to communicate and could be rehabilitated. Michael Schiavo says he is carrying out his wife's wishes that she not be kept alive artificially.
During a two-hour debate in the House, several Democrats argued that the Constitution doesn't allow the Legislature to give governors the power to overrule the courts.
"This bill so oversteps our role it ... turns democracy on its head," Rep. Dan Gelber said.
But Republicans said that where judges might be wrong, especially in cases like Schiavo's, such legislation is desperately needed.
"The Constitution is supposed to protect the people of this state," said Rep. Sandy Murman. "Who is protecting this girl?"
The House action came hours after a state agency for the disabled asked a U.S. judge in Tampa to keep the woman alive so it could investigate a claim that she is being abused by having the tube removed. The judge was expected to rule as early as Tuesday.
In all the excitement of the house session last night, I forgot all about Judge Mayberry. Hurry up, Judge, make the senate session starting time a moot point!
Can this be done??????IF SO BACK TO THE GOVERNORS PHONE LINES!!!!!!!!! someone advise please!
Well, the thing that has stopped this for 13 years has been the strong presumption (such as it is) towards right to life. I'd hope that even Greer would grasp this. Or if not, then the SCOFLA or even SCOTUS would.
And with this I'm outta here. 'Day.
Also known as "Soviet".
Cordially,
Isn't he driving around in a new Mercedes or some such high dollar car? Bet he skimmed off some of that trust fund or was planning on using the inheritance to make payments. Just couldn't wait until after the cremation.
I am afraid that this fellow is right.
If passed, I would expect this arguement to go full circle and be struck by the State Supreme Court as unconstitutional.
I thought that Medicare was paying the hospice bill.
What exaxtly is ms doing with the money except paying for the lawyers.
REALLY? Is that why everything's been rejected on appeal? In all these threads, this is the first time I have read something like this. That doesn't seem possible. How could anyone ever hope to get past a corrupt judge then?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.