Posted on 10/21/2003 12:34:19 PM PDT by NautiNurse
TALLAHASSEE - A state Senate panel Tuesday morning approved legislation that would give Gov. Jeb Bush the power to order the feeding tube removed from Terri Schiavo reinserted. The full Senate is expected to approve the bill Tuesday evening. The battle to save Schiavo shifted to the state Capitol Monday, where legislative leaders agreed after intense, daylong negotiations to grant Bush the power to intervene in the emotionally charged case. The Florida House of Representatives passed a bill 68-23 Monday night that would give Bush the authority to order the comatose Schiavo's feeding tube replaced, reversing a judicial order that other judges have upheld. Twenty-eight lawmakers did not vote.
The state Senate is expected to pass the same measure today and send it to Bush, who likely will sign the bill immediately. ``The proposed bill would allow for a stay in cases of withholding nutrition and hydration from patients in situations similar to that of Ms. Schiavo,'' Bush said in a statement. Once the bill is signed, Bush will have 15 days to issue a one-time stay. The move came just hours after an advocacy group for disabled people pleaded with a federal judge in Tampa to keep Schiavo, 39, alive long enough to investigate a claim that she is being abused by her husband. U.S. District Judge Steven D. Merryday said he will issue a decision in the nationally watched case soon. Phones and computers across the state Capitol rang and chimed throughout the day as lawmakers were flooded with pleas to intervene in the Schiavo case. Earlier in the day, House Speaker Johnnie Byrd, a Plant City Republican running for the U.S. Senate, opened the possibility of legislative intervention by confirming that he planned to propose legislation to ``save'' Schiavo. Rep. John Stargel, R-Lakeland, sponsored the bill. ``The family is elated,'' said Randall Terry, a spokesman for Terri Schiavo's parents who are trying to keep their daughter alive. ``They recognize there are still hurdles to overcome. They're praying Terri's health holds out until the governor can intervene to save her.'' Urging caution is Senate President Jim King, R-Jacksonville. King said he is leery of interfering in a case that has been vetted in nearly ``every court in the land.'' But citing ``unique and unusual circumstances,'' he signed off on what he considers a narrowly drafted measure that still delivers what Byrd and Bush want. ``If we are going to err, then let us err on the side of caution,'' King said. ``I just hope to God we've done the right thing.'' The bill gives Bush the power to issue a ``one-time'' stay under certain conditions. All are designed to fit Schiavo's case. Among them, for example, is a requirement that the feeding tube must have been removed as of Oct. 15 - the day Schiavo's tube was removed. Others stipulate that the patient have no written advance directive or living will, and that a family member is actively challenging the judicial orders. But the bill raised a variety of legal and constitutional concerns for lawmakers worried the Legislature was overstepping its bounds. ``This bill so oversteps our role, it not only sets a dangerous precedent, it turns democracy on its head,'' said Rep. Dan Gelber, D-Miami Beach. In Tampa, an Advocacy Center for Persons with Disabilities attorney told Judge Merryday that the private agency received a telephone complaint Friday alleging Schiavo was the victim of neglect and abuse. The center is designated by the state to receive federal funds under a number of laws, including the Americans with Disabilities Act. Attorney Gordon B. Scott asked Merryday to order that Schiavo be given nutrition long enough for the agency to investigate the abuse complaint. Such a temporary order, Scott said, would be in force for 10 days, after which Scott would be required to report any findings to the court. Merryday asked Scott whether the agency would be in court if Terri Schiavo had left written instructions expressing her desire not to be kept alive on life support. State courts have ruled in favor of Michael Schiavo's claim that his wife had verbally expressed those wishes. Scott said that if there were a legally valid written statement from Terri Schiavo, he would not have filed the request for the restraining order.
At the Pinellas Park hospice where Terri Schiavo spent her fifth full day without food or water Monday, the Schindler family remained upbeat while awaiting word from Tampa and Tallahassee. The family is praying that the Legislature acts quickly to force the hospice to resume feeding Terri Schiavo, said her sister, Suzanne Carr. ``She seems to be alert,'' said her brother, Bob Schindler Jr. ``But every day that goes by, we're getting into a crucial time for her. She's got an incredible will to live.'' The Associated Press contributed to this report.
Reporter David Sommer contributed to this report. Reporter Allison North Jones can be reached at (850) 222-8382. Reporter Elaine Silvestrini can be reached at (813) 259-7837.
I disagree. They might change their opinion, but no need to apologize. I think it was the huge pressure that was persistently kept upon him seeking a means to stop this. Had people just accepted that he couldn't 'do' anything, we'd merely be waiting for news of her death. (hope that tube has been reinserted!! and that she is even now strengthening.)
We at FR 'knew' the tube was going to be pulled for about 2 weeks, that I know of. People were already emailing him at this point. So, why did it take nearly 3 weeks to get an emergency session called to implement this law????
I firmly believe that it was the intense pressure of the calls and emails of the past few days, that gave some of these politicians the backbones they needed to DO something.
I just pray it was not too late.
So, while Jeb did in the end DO something, the question remains, why did it take so long??? Had he acted sooner, the plug may have never been pulled to begin with. Right now we need to be concerned with what damage may have occured to Terri because of this delay.
People 'could' amend their previous views/posts about Jeb, but apology isn't warranted, imho. It took to dang long to call an emergency session.
I think it has to be admitted into evidence to be a part of the decision. It seems that a great deal was never allowed into evidence. I'm not certain. Either way, it seems the fix was in for Michael Schiavo regardless of evidence presented.
He is hell bent on seeing her dead .. very disturbing if you ask me
And those rat bloviators in the house and senate were braying about how "the courts had examined all the facts." Hogwash.
Two reasons:
1. He wants the money.
2. She can put him behind bars for the rest of his life if she can communicate to the courts what happened. (competent medical professionals have already found the physical evidence, but it would require her testamony to prove it was him that did it.)
Have the CNN "personalities" changed into mourning black yet?
Hope so.
Okay. New question. A governor with different views than Jeb (in the future) could make detrimental changes that could affect Terri?
I know.. don't look to far into the future and just be glad of the positive changes today, but, this became an issue because people didn't look far enough into the future. Just hoping to eliminate future problems.
Unless or until FL gets a Rat guv. Who can rescind the stay. Will Michael come out of the woodwork like a roach again at that point?
Practically. And they kept saying Terri is in a "coma," while they showed the video of her blinking and smiling!
Let's pray that Terri's parents get to keep Terri !!
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