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'

[spokeshave]

"This b*stard deserves a lifetime of sleepless nights at the very LEAST for what he is doing to his wife."

Probably last less than Michal Jackson in jail.

[Grateful One]

If the Democrats oppose this bill, they will experience political repercussions they cannot imagine!!

Long live Terri!!!!

[dufekin]

Well, the Democrats might not understand this, but 100% of Republican voters are members of that special interest group, the constituency of the living. Now, the Republicans are trying to expand their voter base, and their "culture of life" ideology will do it. You see, this special-interest constituency of the living doesn't like some judge to tell them that they can't eat or drink until they die, and thereby lose their status as a member of this special group (the living). And so Republican politicians pander to their constituency. Understand, Felos?

[spokeshave]

"They can't even hang this legislation on the bogus peg of interstate commerce"

Not so.

It's a federal case.

Michal transported Terri across state lines to California for "experimental" elecro-shock therapy, complete with implanted electrodes.

[churchillbuff]

I agree; I thought conservatives were for states' rights. I for one am. """

So am I. But states (such as Southern states like Florida) don't have the right to keep black kids from going to public schools, they don't have the right to take people's property in eminent domain without paying them -- and they don't have the right to order the death of disabled people on flimsy evidence of "intent" that doesn't meet due process standards under the federal constitution. In short, there are times when the feds have to step in, to protect rights under the federal constitution.

[gopwinsin04]

St. Jude comes through again!

[Drango]

I thought conservatives were for states' rights.

Independent of how this turns out for Terri...I don't want the state, church or the courts involved in my (or my spouse's) end-of-life decisions.

[Dog Gone]

You can't argue with a straight face that Terri has been deprived of due process in this matter. It's the most litigated "end of life" case in our nation's history.

This is Florida's call. They wrote the legislation that permits removing the feeding and hydration tube, and they can change it.

That's the place to put the pressure. I get mighty irritated with those who want a federal solution to a local problem and stretch the Constitution to justify it.

[Ciexyz]

St. Jude comes through again!

St. Jude is awesome! But the battle is still ongoing....

[churchillbuff]

Congress should not be in the business of overriding the states in these matters."""

I agree that Congress has no power to regulate our lives - in areas like education and farming, etc, where the constitution doesn't given any "enumerated" authority to the feds to act. But the federal constitution DOES protect certain rights - like right to property, right to speech, religion= --- and not to be deprived of life without due process; in protecting constitutional rights, the federal government DOES have a role - - and it can override the states if the states are abridging constitutional rights.

[Dog Gone]

I don't see a sarcasm tag, so I guess you really believe that.

[dufekin]

The Fourteenth Amendment, which forbids the states to "abridge the privileges or immunities of citizens of the United States" or to "deprive any person of life, liberty, or property, without due process of law" also declares that "the Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

Whatever happened in Florida, Terri Schiavo certainly didn't get any due process.

[sandbar]

>>>Let's let Congress decide when school zone speed limits are in effect in my neighborhood. This stuff is too complicated to leave up to locals.>>>

You wouldn't be so flip if this were your daughter.

[churchillbuff]

I don't want the state, church or the courts involved in my (or my spouse's) end-of-life decisions."""

Sorry, but the state has right and responsibility to stop people from murdering other people -- even if it's your wife who proposes to murder you, or your husband who wants to do it. Terri's is not an "end of life situation," as you put it -- unless her husband is allowed to end her life. She won't die - unless he's permitted to withhold food and water from her. It's no more an "end of life" situation, than yours is right now. IF somebody is pointing a gun at you, it's an "end of life situatino" if he pulls the trigger - - but if he doesn't, you'll go on living. Same with Terri. And just as government can tell the gunman not to shoot you, it can tell Terri's husband not to kill Terri.

[sodpoodle]

Maybe;)

So Michael Schiavo's refusal to accept the $1million means that there is more than $1million in the Medical malpractice Award fund.

He is sinister and so is that attorney. A pox on both their houses.
sp

[Veto!]

Thanks for the wonderful clear-as-crystal explanation.

[jwalsh07]

You can't argue with a straight face that Terri has been deprived of due process in this matter.

You betcha I can. Due process requires MS be replaced as her guardian according to Florida Law. Due process requires evidence before a reasonable doubt before any person is put to death. Due process demands that cruel and unusual punishment not be administered. Don't tell me about due process, Florida courts are a freaking joke.

It's the most litigated "end of life" case in our nation's history.

It's not an "end of life" case it's a state "ordering the cruel and unusual death of an innocent person" case.

This is Florida's call.

Right, just like it was Virginias call to enslave fellow Americans.

They wrote the legislation that permits removing the feeding and hydration tube, and they can change it.

The legislature can do NOTHING, the courts are set in their minds, Terri must die. I would personally prefer that Jeb Bush order the National Guard to take Terri to a "right to life" state but that ain't gonna happen.

That's the place to put the pressure. I get mighty irritated with those who want a federal solution to a local problem and stretch the Constitution to justify it.

And I get mighty irritated at BS. The woman has a right to life. There is no living will with her wishes. Her guardian is hopelessly conflicted. Greer is hopelessly dug in. He knows MS is conflicted, any rational person knows that. And when all is said and done the Constitution must be respected and the right to life assured, states and judges be damned.

[churchillbuff]

Let's let Congress decide when school zone speed limits are in effect in my neighborhood. """"

Wrong - - the Constitution doesn't say anything about speed limits - i.e., it doesn't give Congress any power in that area. It DOES say something about a right to "due process" before one can have one's life taken. in other words, it gives the federal government authority to protect our due process rights - - and that's what Congress will be doing if it says that state judges can't order the starvation of people without due process - i.e. without clear showing that the patient wants to have water and food withheld. In Terri's case, there's no clear showing of such - - only the suspicious and flimsy evidence of her adulterous husbadn - - so she isn't getting "due process"

[unlearner]

"You had better make clear your sarcasm my FRiend! ; )"

I thought /s was well-understood. You're right, that deserves the full </sarcasm> .

I called my congressmen and representative to ask them to enact H.R. 1151 and S. 539. And they are.

The tides are turning.

Now if we could just start impeaching judges, this nation just might avoid collapsing. In the end I think it will come to war. Someone is going to hang - us or them.

Today, they want to starve the handicapped. Next they will want to kill people for dissent.

[thoughtomator]

By the time Congress acts, she will likely be dead.