Schiavo's case lands in Congress

St Petersburg Tines Tampa Bay ^ | 3.11.05 | ANITA KUMAR, Times Staff Writer

[gopwinsin04]

With avenues to keep Terri Schiavo alive closing in the state of Florida, they were opening in the nation's capital Thursday . The tide turned decidedly in favor of the parents who want to prolong their brain-damaged daughters life.

Just a scant eight days before the court ordered deadline to remove her feeding tube, Republicans on Capitol Hill rallied around the case that has become a 'cause celebre' of conservative and religious groups.

Florida Sen. Mel Martinez and Rep. Dave Weldon's bill to require the incapacitated without living wills to be appointed attorneys before life support is terminated, introduced on Tuesday had 103 sponsors in the House and seven sponsors in the Senate.

Senate Majority Leader Bill Frist, a surgeon, is trying to get it to the Senate floor without it being heard in committte. House Majority Leader Tom Delay is working to get the bill in front of the Judiciary committee by Wednesday.

It was unclear whether US Congressional Democrats would try and stop the bill. Senate Majority Leader Harry Reid has said he prefers for it to be heard in committee.

Sam Brownback, a Kansas Republican, said he hopes for full Democratic support and has heard no direct oppositon.

George Felos, attorney for Michael Schiavo, sounded resigned to the fact that politics in the nations capital would delay the removal of Schiavo's feeding tube the way it did in 2003, when Florida's governor and legislature stepped in.

'It is certainly disheartening to see them falling all over themselves to pander to these groups,' Felos said. 'It's a massive campaign of fear and misinformation. It's a repeat of Terri's law'

The attorney for the Schiavo parents had the opposite view. 'We are very encouraged by what is happening in Congress right now, said David Gibbs.

'The family is profoundly grateful'

[mjaneangels@aolcom]

"No. If a state violates a person's constutional rights, it does not grant Congress the power to override state law. It gives the person the right to challenge the law in court."

Huh? "If a state violates a person's constitutional rights... that is it. The state rules. Let's just ignore any pesky constitutional rights.

Why have a constitution to begin with?

If the state law violates the constitution, you are advocating that the constitution is completely unimportant and should be abolished. Is that what you are saying?

The US Congress is the proper way to take care of this. Otherwise states would completely overrule the US constitution.

If we allow the states and the judiciary to rule us, we will have no constitutional law to give us a framework to start with. Do you really want no constitution?

[The Spirit Of Allegiance]

"After Reid's answer I WANT a roll call vote so that it can be splashed all over the internet---all of the names of the congresscritters that would vote against it!!!"


GREAT idead! Bump for future reference!

[mjaneangels@aolcom]

"That's why this is not a matter of due process."

Yep, this is not a matter of due process. The Florida court say that ContraryMary can not eat or drink by law. So stop eating and drinking.

I will let you know if something changes on this subject.

[mjaneangels@aolcom]

"The Florida legislature could vote to remove "including artificially provided sustenance and hydration" from one provision of the Statutes and this case would be over. They could pass that in about an hour."

News flash: The Florida legislature did that. The court ruled it unconstitutional.

Now let me say this. Your state just ordered that your life is not the way you like, so you have to go without food and water so long as you live.

Do you have something to say? Too bad, the court has already ruled that they know what you think and ruled that that is what you wanted anyway.

Now what are you going to do, other than stop eating and drinking?

[iowamomforfreedom]

Yes, the Browning case determined that to deny someone the right to refuse tube feeding was unconstitutional. In the Browning case, there was a living will stating her wishes. But the FSC also determined that clear and convincing oral statements could be considered. I wish I could find that link because one thing they do make clear is that this could be abused by unscrupulous B*st*rds like MS, and the courts should guard against this. But that point is never brought up whenever anyone mentions the Browning case. The FL legislature decided to get in line with this decision 9 years later by classifying tube feeding as life support.

(I know you know all that; just thought it was worth mentioning).

But what confounds me the most are these people saying this judge is simply following the law. He's following what ever laws he feels like, and ignoring the rest. The number of guardianship laws he and MS have broken is staggering. There are no repercussions from not filing his election papers properly or on time (legally, is he still a judge?). He is supposed to recuse himself when requested, and has refused 4 times. The only evidence he lets in is what is favorable towards HINO. So of course this case looks cut and dried.

I just don't get the people that defend this fiasco by saying they followed the laws and let the court decide, Terri had her DUE PROCESS so everything was fair - BS! Judge Greer is a disgrace and I find him even more revolting than MS or Felos. I used to have faith in the judicial system, now I see it's a joke - at least in Florida.

[churchillbuff]

It is not up to Congress to decide whether the states have violated constitutional rights. It is up to the federal courts to do so. """

This bill allows federal courts to examine (using federal constitutional principles) the way disabled people are being treated by state officials. It's a perfectly acceptable federal statute, allowing federal courts to enforce the federal constitution.

[Future Useless Eater]

Electrical stimulation therapy restores swallowing ability. So why KILL her? Get her therapy Get her OFF 'the tube' Send her home with the Schindlers Let Michael marry his fiance.

---

Judge Greer cited "news sources" that Sara Scantlin could BLINK her eyes on command so she was not in PVS. Father Pavone witnessed Terri's condition just one month ago [jump ahead to the 17 min mark] and he said:

• She was very responsive.
• She prayed with him, closed her eyes during the prayer, and opened them back up when done.
• Mister Schindler kissed her and she kissed him back!

---

Documented Terri-vocabulary references
Words	Witness
"mommy" "momma" "help me"	nurse - Heidi Law, certified nurse assistant
"pai[n]"     (meaning 'pain'                 when she was in discomfort) 'Haaaiiiii'   (meaning Hi,                 in response to 'Hi Terri') 'mommy' 'help me'	Nurse - Carla Sauer Iyer, R.N. "'Help me' was, in fact, one of her most frequent utterances. I heard her say it hundreds of times."
"stop"   (in response to one medical                 procedure being done on her)	Terri's MediPlex records
"ugh-hugh" (meaning yes) "ugh-ugh" (meaning no) "yea" "No"	family members, and paralegal Tom Brodersen* 'yea' was a word she learned to speak in 2001.     *
After Judge Greer heard of Tom Brodersen secretly helping Terri learn to speak again, Greer removed Brodersen from the "approved visitor's list" permanently!

---

---

---

[Pajamajan]

Well, IMHO it is certainly disheartening to see George Felos and Michael, the bigamist, falling all over themselves to starve and torture this helpless woman to death"

Felos is a real piece of work isn't he.

Nice to see congress stepping in. There are just WAY TOO MANY things that don't add up about this case.

IMHO Felo's goal is to be able to "euthanize" the disabled. There just isn't any other explanation for the way shameful way Terri and her family have been treated by Felos and Greer.

[Pajamajan]

That's a great post about Terri, with words she has spoken and all the other infortmation it shows it is NOT about "right to die" at all. It's about the right to live.

I hope everybody in the FL and US legislature has copies of what you have posted here. I wish every news organization could see it too, but they are too lazy to look at it. Maybe if a million copies could be handed out to people in Florida, then they would "get it"?

[Moorings]

Sadly some people still can't get it in their heads that this is not an "end of life decision".

Its plain state sponsored euthanasia of a woman with disability. And they want to do it on the word of a man who has started a family with another woman, while still married to Terri. There is no shred of solid evidence that Terri wanted to end her life in this situation. Even criminals (including murderers) have their rights better protected than what has been happening to Terri.

[Awestruck]

The first ray of hope I've had in a coupla days.. Hallelujah! God is Good all the time...

[Awestruck]

My friends I think we are wasting space and effort to argue the finer points with the naysayers and the deathmongers on here... We hopeful ones need to band together to pray and bolster each other, instead of wasting time replying to the hopeless in spirit... just my two cents..

[True Republican Patriot]

There is no difference between O.J. and Scott Peterson and Michael Schiavo,each intended to kill their wives in most horrific ways and then hid the horrific acts for a time, the one difference is that Schiavo hasn't been successful YET! Instead of talking about money or him wanting to be married to his "girl friend", the torturer and would be murderer needs to be recognized for what he is, a rotten torturer, wife abuser and murderer. God Bless Terri and her family and Save them from this wretched excuse for a man.

[Salvation]

BTTT!

[True Republican Patriot]

A Very Deep Resemblance, this is outright premeditated murder in a most horrific manner! This man is not a Judge, since when can a person be sentenced to death without a jury trial and the rights of appeal. Hopefully, our Elected Leaders will act on this case and prosecute those who are guilty to the fullest extent of the Law.

[ContraryMary]

From what I've read -- which I freely admit may not be accurate -- this bill is so far overreaching it will be declared unconstitutional the first time it is tested in court.

[ContraryMary]

Thanks for pointing that out.

[Joanna Najfeld]

"St. Jude does not answer prayers, God does."

Sure, but St. Jude can interceed for a cause. He is awesome, since he prays for us to God every time we ask him to.

It's like us here asking each other to pray for Terri. The more of us pray, the better for Terri. Only we here on Earth can forget to pray or pray not enough. But if you ask saints in heaven, they will always pray, and they are close to God.

Also, praying directly to God is worshiping & asking. Praying to saints is asking them to interceed for us and giving thanks for past intercessions. You don't worship saints, that would be idolatory. But you can love them like you love your family, talk to them and ask them for prayers.

[pickyourpoison]

I too was wondering if the judge has a finacial interest in this...payola