Lawmakers send Bush bill giving him power infeeding-tube case (Passed In House & Senate- Full Story)

AP | 10/21/03 | JACKIE HALLIFAX

[kattracks]

October 21, 2003, 4:14 PM EDT

TALLAHASSEE -- Lawmakers sent Gov. Jeb Bush a bill that will give him the power to order a feeding tube be reinserted into a brain-damaged woman in defiance of courts and her husband.

Bush said he will immediately sign the bill and order the tube to be reinserted into Terri Schiavo, the subject of one of the nation's longest and most bitter legal battles over care for a disabled person.

Schiavo's parents, Bob and Mary Schindler, want her to live. Her husband, Michael Schiavo, says she would rather die.

Schiavo's feeding tube was removed last Wednesday. Doctors have said the 39-year-old woman will die within a week to 10 days without nutrition and water.

Lawmakers were already called to the Capitol for a special session on economic development when they decided to intervene in the case.

Bush said he did not think lawmakers were motivated by politics.

``This is a response to a tragic situation.'' Bush said. ``People are responding to cries for help and I think it's legitimate.''

Sen. Tom Lee said Schiavo would ``essentially starve ... to death'' without intervention from lawmakers and the governor. ``It's a pretty awful way to go,'' said Lee, R-Brandon.

Opponents said government was stepping in where it had no business being.

``I do not believe the governor of Florida should be making a decision of life and death rather than the next of kin,'' said Sen. Steven Geller, D-Hallandale.

The House approved the bill 73-24 after the Senate passed it 23-15.

George Felos, a lawyer for Michael Schiavo, asked a judge to stop Bush even before he received the bill. A hearing was scheduled for Tuesday afternoon.

Earlier in Tampa, U.S. District Judge Steven Merryday denied a request by the Advocacy Center for Persons with Disabilities, which monitors the treatment of disabled adults, that Schiavo be kept alive so it could investigate whether removal of the tube was abusive.

Merryday wrote that federal courts _ other than the U.S. Supreme Court _ are forbidden from interjecting themselves into matters already decided by state courts. He also said the group failed to provide enough evidence to support its request.

The bill sent to Bush was designed to be as narrow as possible. It is limited to cases in which the patient 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.

Court-appointed doctors have described Schiavo as being in a vegetative state, caused when her heart stopped in 1990 from a suspected potassium imbalance.

Bush last week promised the woman's parents that he would help them if he could find a way.

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.

Felos said he thinks the legislation would be unconstitutional. It is Terri Schiavo's right under the Florida Constitution to not be kept alive artificially, and the courts have affirmed that, he said.

Pat Anderson, the attorney for the parents, said she was ``dumbfounded'' by the Legislature's action, although the Schindlers had hoped for such help in the wake of continued court defeats.

During a two-hour debate in the House, several Democrats argued that the Constitution doesn't let the Legislature give the governor the power to overrule the courts.

``This bill so oversteps our role it ... turns democracy on its head,'' said Rep. Dan Gelber, D-Miami Beach.

But many Republicans and some Democrats said they need to be involved in dire cases where judges might be wrong.

``The Constitution is supposed to protect the people of this state,'' said Rep. Sandy Murman, R-Tampa. ``Who is protecting this girl?''

Former Florida Supreme Court Justice Stephen Grimes said the case is unique and it is not clear whether the law will be upheld.

``It presents a new legal issue that I've never heard of,'' Grimes said.

Copyright © 2003, South Florida Sun-Sentinel

[blastbaby]

know = now

[rlferny]

What a precedent. The Legislature is performing it's consitutional duty. It is creating law. I don't see why you think this is a bad thing.

I'm glad they did it and it should happen more often when we have run away Courts. The Legislature has the power to rebuke the Courts.

[fiesti]

yeah sour grape jello would be good..make him good and thirsty maybe

[xzins]

He should sign it as quickly as possible so no injunction can be issued against his signing.

Then they will first have to fight the legality of the legislation. That could take quite a while.

[kenth]

So, at what level of mental or physical disability does it cause one's rights as a human being to be transfered in ownership to another?

[adam_az]

I disagree, i think this is a capricious ruling, and the law was specifically crafted to fit this case and overturn a judicial decision.

[sweetliberty]

I am not engaging ignorant trolls today! I am too exhilarated with this and the ban on PBA. I refuse to allow anything to spoil that....not that it could anyway, but why waste the effort? We have celebrating to do.

[Lunatic Fringe]

From Associated Press
20 minutes ago

TALLAHASSEE, Fla. -- Invoking a law rushed through the Legislature earlier in the day, Gov. Jeb Bush on Tuesday ordered a feeding tube reinserted into a brain-damaged woman at the center of one of the nation's longest and most bitter right-to-die battles.

[adam_az]

Then why did he wait, what, 7 years until he got the malpractice settlement before remembering that she did not want to be kept alive?

Can you prove that he remembered after 7 years? AFAIK he claimed this for a long time.... the last 7 years of court cases, and hoping for a miracle recovery?

[sweetliberty]

"My main prayer is that she is REMOVED from that Death House."

AMEN Lynn! I hope they have an alternate place to have her cared for.

[adam_az]

Hmmmm... Were that the case, then why didn't he uphold the same promises of commitment to her and her alone that he made on their wedding day?

Why don't you ask him? I don't know. She's clearly not going to recover, so I think this is a technicality. Why don't you suggest to the AG to nail him for adultery? Is that a crime in FL? If not, your question is moot.

[sc2_ct]

yeah sour grape jello would be good..make him good and thirsty maybe

I wouldn't be so inhuman as to deny him water however. Once every 7 days or so should suffice.

[fiesti]

I choose not to make any comments to disrupters of this thread..We have a lot to be joyous for today andrefuse to listen to ignorant people on the issue

PresidentBush also signing Partial Birth Bill today !!!!

[Golden Gate]

#126 = ...on artificial life support & vegetable....

All the info on Terri's website states clearly:

Terri is NOT on artificial life support. She is NOT in a coma. And she is not (was not before being starved this many days) in a Vegetative state.

May 7, 2001 - Dr. Hammesfahr (neurology), filed a six page affidavit with the court stating Terri was not in a Persistent Vegetative State, accompanied by a formal letter requesting Schiavo’s permission to allow Terri to begin rehabilitation treatment.

AND, there was a recent article: ? Dr. Green - neurologist, who stated, "Terri is NOT brain dead" and "that removing her feeding tube is Murder."

The networks & print media gets it wrong. Here on FR, let's work together, and get it right.

Also...Maybe try being an 'angel advocate'.

Thanks Gov. Jeb Bush! W-a-y too s-l-o-w, but I hope Terri lives!

[adam_az]

I guess you missed the chapter in your little nursing textbook about the "autonomic nervous system."

[mupcat]

Isn't there some way that Terri could be divorced and then her parents could take over her care as they've said they would? I mean if her husband is already with another woman wouldn't he want the marriage to end? I know, I know, he does want it over---by death, but wouldn't this be a solution that would solve everyone's problems?

[adam_az]

So, at what level of mental or physical disability does it cause one's rights as a human being to be transfered in ownership to another?

Depends which state of the union you live in, according to the Constitution.

[shezza]

Ignore the disruptors. They are ignorant fools.

On another note, if you all can take a minute, please thank (or rebuke) the legislators who voted today.

HOUSE YEAS (a vote for LIFE):

adams.sandy@myfloridahouse.com,allen.bob@myfloridahouse.com,altman.thad@myfloridahouse.com,
ambler.kevin@myfloridahouse.com,arza.ralph@myfloridahouse.com,attkisson.frank@myfloridahouse.com,
baker.carey@myfloridahouse.com,barreiro.gustavo@myfloridahouse.com,baxley.dennis@myfloridahouse.com,
bean.aaron@myfloridahouse.com,bense.allan@myfloridahouse.com,benson.holly@myfloridahouse.com,
berfield.kim@myfloridahouse.com,bilirakis.gus@myfloridahouse.com,bowen.marty@myfloridahouse.com,
brown.donald@myfloridahouse.com,brummer.fred@myfloridahouse.com,speakerbyrd@myfloridahouse.com,
cantens.gaston@myfloridahouse.com,carroll.jennifer@myfloridahouse.com,clarke.donna@myfloridahouse.com,
cretul.larry@myfloridahouse.com,culp.faye@myfloridahouse.com,
davis.don@myfloridahouse.com,davis.mike@myfloridahouse.com,dean.charles@myfloridahouse.com,
domino.carl@myfloridahouse.com,evers.greg@myfloridahouse.com,farkas.frank@myfloridahouse.com,
fiorentino.heather@myfloridahouse.com,galvano.bill@myfloridahouse.com,garcia.rene@myfloridahouse.com,
gardiner.andy@myfloridahouse.com,gibson.hugh@myfloridahouse.com,goodlette.dudley@myfloridahouse.com,
green.carole@myfloridahouse.com,harrell.gayle@myfloridahouse.com,harrington.lindsay@myfloridahouse.com,
hasner.adam@myfloridahouse.com,henriquez.bob@myfloridahouse.com,
homan.ed@myfloridahouse.com,johnson.randy@myfloridahouse.com,jordan.stan@myfloridahouse.com,
kallinger.jim@myfloridahouse.com,kilmer.bev@myfloridahouse.com,kosmas.suzanne@myfloridahouse.com,
kottkamp.jeff@myfloridahouse.com,kravitz.dick@myfloridahouse.com,kyle.bruce@myfloridahouse.com,
littlefield.ken@myfloridahouse.com,llorente.marcelo@myfloridahouse.com,mcinvale.sheri@myfloridahouse.com,
meadows.matt@myfloridahouse.com,mealor.david@myfloridahouse.com,murman.sandra@myfloridahouse.com,
murzin.dave@myfloridahouse.com,needelman.mitch@myfloridahouse.com,negron.joe@myfloridahouse.com,
patterson.pat@myfloridahouse.com,paul.jerry@myfloridahouse.com,peterman.frank@myfloridahouse.com,
pickens.joe@myfloridahouse.com,poppell.ralph@myfloridahouse.com,reagan.ron@myfloridahouse.com

HOUSE NAYS (a vote for DEATH):

anderson.tom@myfloridahouse.com,antone.bruce@myfloridahouse.com,ausley.loranne@myfloridahouse.com,
brutus.phillip@myfloridahouse.com,bucher.susan@myfloridahouse.com,fields.terry@myfloridahouse.com,
gannon.anne@myfloridahouse.com,gelber.dan@myfloridahouse.com,gibson.audrey@myfloridahouse.com,
gottleib.ken@myfloridahouse.com,harper.james@myfloridahouse.com,joyner.arthenia@myfloridahouse.com,
justice.charlie@myfloridahouse.com,kendrick.will@myfloridahouse.com,machek.richard@myfloridahouse.com,
richardson.curtis@myfloridahouse.com,ritter.stacy@myfloridahouse.com

And don't forget to thank Gov. Bush for his part in this miracle:
Governor Bush:
jeb.bush@myflorida.com