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Schiavo's case lands in Congress
St Petersburg Tines Tampa Bay ^ | 3.11.05 | ANITA KUMAR, Times Staff Writer

Posted on 03/11/2005 4:25:34 PM PST by 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'

(Excerpt) Read more at sptimes.com ...


TOPICS: Breaking News; Crime/Corruption; Culture/Society; Government; News/Current Events; Politics/Elections; US: District of Columbia; US: Florida
KEYWORDS: congressstepsin; dirtyharry; evildemocrats; sambrownback; terrischiavo
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To: jwpjr

That's an excellent point. If a mass-murderer was starved to death, the liberals would be marching, screaming at the top of their lungs.

But let an innocent woman be starved to death, and you hear not a word.

We live in truly evil days.


61 posted on 03/11/2005 5:47:02 PM PST by SerpentDove (What will happen at CBS? I don't give a Dan.)
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To: churchillbuff
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.

BIG difference.

62 posted on 03/11/2005 5:49:36 PM PST by Dog Gone
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To: Howlin

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

The right to life trumps states' rights in this case.

We're talking about the murder of an innocent person, and we're busy splitting hairs.


63 posted on 03/11/2005 5:49:59 PM PST by SerpentDove (What will happen at CBS? I don't give a Dan.)
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To: sandbar
You wouldn't be so flip if this were your daughter.

I'm not being flip in the least. If you want the law fixed, talk to the people who wrote it, THE FLORIDA LEGISLATURE.

64 posted on 03/11/2005 5:51:44 PM PST by Dog Gone
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To: gopwinsin04
This is an awful bill. It will involve the federal courts in hundreds of thousands of these kinds of cases every year. It'll be more fodder for attorneys fees, cause families to spend money they don't have at a time when their savings have likely been used for medical bills, and create more grief at a time when families are already burdened by grief.

Fortunately, this bill will be ruled unconstitutional the first time it is tested in court.

65 posted on 03/11/2005 5:51:52 PM PST by ContraryMary
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To: gopwinsin04

So I guess we are going to decide if the right to life is inalienable or alienable.

This is madness.


66 posted on 03/11/2005 5:52:37 PM PST by SerpentDove (What will happen at CBS? I don't give a Dan.)
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To: gopwinsin04
Harry Reid and his party have a chance to show Red State voters they respect their values... that it isn't simply a cynical election time gimmick. This is one vote that ought to be a slam dunk. No one supports FORCED euthanasia - or do they? That's the issue here.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
67 posted on 03/11/2005 5:53:05 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Dog Gone
If a state violates a person's constutional rights, it does not grant Congress the power to override state law. """

Sure as h-ll does. The 14th amendment specifically says Congress has authority to enforce federal constitutional rights, through statute. This is black-letter law --- it's why Congress can - and does - pass civil rights acts, and religious freedom laws, and other rights-enforcing legislation. And the Supreme Court - including the conservatives on the Supreme Court - have acknowledged its authority to do so under the explicit language of the 14th amendment.

68 posted on 03/11/2005 5:53:28 PM PST by churchillbuff
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To: jwalsh07

What do you mean the Florida legislature can do nothing? They are the only ones who can constitutionally. Did somebody take them hostage?


69 posted on 03/11/2005 5:54:59 PM PST by Dog Gone
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To: 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, as currently proposed, will not pass constitutional muster.


70 posted on 03/11/2005 5:55:04 PM PST by ContraryMary
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To: Dog Gone
That has already happened last year with the FLA legislature ,and guess what judge Greer over rode that as well.

So where do we turn when we have an activist judge- making laws at the bench and usurping the will of the people in that sate.

Does the sate then have the right to go to a higher power? I say yes.

71 posted on 03/11/2005 5:55:39 PM PST by Diva Betsy Ross (YEAH DARKWING104!!)
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To: 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."

So she has received the death penalty, after being found guilty of what?


72 posted on 03/11/2005 5:56:03 PM PST by SerpentDove (What will happen at CBS? I don't give a Dan.)
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To: Dog Gone

>>>I'm not being flip in the least. If you want the law fixed, talk to the people who wrote it, THE FLORIDA LEGISLATURE.>>>

Yes, that's true. But that also takes time, time Terri doesn't have.


73 posted on 03/11/2005 5:56:10 PM PST by sandbar
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To: Dog Gone

The Florida Legislature already passed a law. Iw was ruled UNCONSTITUTIONAL byt the Florida Supreme Court. Anything they do will be ruled UNCONSTITUTIONAL by the FSC.


74 posted on 03/11/2005 5:57:09 PM PST by jwalsh07
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To: SerpentDove

That's why this is not a matter of due process. Congress, with their over-inflated egos, thinks it can solve all of society's ills by passing laws. It can't.


75 posted on 03/11/2005 5:57:30 PM PST by ContraryMary
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To: ContraryMary

Do you believe that Terry Schiavo has an unalienable right to life?


76 posted on 03/11/2005 5:58:32 PM PST by SerpentDove (What will happen at CBS? I don't give a Dan.)
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To: SerpentDove

And point out where she had representation.


77 posted on 03/11/2005 5:59:01 PM PST by Diva Betsy Ross (YEAH DARKWING104!!)
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To: Diva Betsy Ross

"And point out where she had representation."

Exactly.


78 posted on 03/11/2005 5:59:39 PM PST by SerpentDove (What will happen at CBS? I don't give a Dan.)
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To: SerpentDove
I think you mean inalienable, not unalienable. My personal views have no bearing here. The federal government has long recognized limits, e.g., abortion.
79 posted on 03/11/2005 6:02:50 PM PST by ContraryMary
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To: Diva Betsy Ross
That has already happened last year with the FLA legislature ,and guess what judge Greer over rode that as well.

A decision which was allowed to stand by the US Supreme Court, if you recall.

The Florida legislature did try to come to Terri's rescue. They just happened to choose a very obviously unconstitutional way to do it. A first year law student would have seen that mistake.

They still have time to fix the law they wrote. I can do it for them if they can't find competent legal counsel. It's not hard.

80 posted on 03/11/2005 6:03:47 PM PST by Dog Gone
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