Posted on 03/19/2005 12:31:03 AM PST by bd476
PINELLAS PARK, Fla. - With a furious legal and political battle raging outside her hospice room, doctors removed Terri Schiavo's feeding tube Friday after a judge rebuffed an unprecedented attempt by Congress to keep the brain-damaged woman alive.
Schiavo, 41, could linger one to two weeks without the tube, provided no one intercedes and gets it reinserted — as happened twice before.
Late Friday, the U.S. Supreme Court (news - web sites), without comment, denied an emergency request from the House committee that issued the subpoenas to reinsert Schiavo's feeding tube while the committee files appeals in the lower courts to have its subpoenas recognized.
Republicans on Capitol Hill used their subpoena power to demand that Schiavo be brought before a congressional hearing, saying removing the tube amounted to "barbarism." The attorney for Schiavo's husband shot back at a news conference, calling the subpoenas "nothing short of thuggery."
"It was odious, it was shocking, it was disgusting, and I think all Americans should be very alarmed about that," George Felos said.
The judge presiding over the case ruled in the husband's favor early Friday afternoon and rejected the request from House attorneys to delay the removal, which he had previously ordered to take place at 1 p.m. EST. Felos said Michael Schiavo was at his wife's side shortly after the tube was disconnected.
Meanwhile, Republican congressional leaders said in a statement that they planned to work through the weekend to try to save Terri Schiavo's life.
The removal of the tube signals that an end may be near in a decade-long family feud between Schiavo's husband and her devoutly Roman Catholic parents, Bob and Mary Schindler. The parents have been trying to oust Michael Schiavo as their daughter's guardian and keep in place the tube that has kept her alive for more than 15 years.
Michael Schiavo says his wife told him she would not want to be kept alive artificially. Her parents dispute that, saying she could get better and that their daughter has laughed, cried, smiled and responded to their voices. Court-appointed physicians testified her brain damage was so severe that there was no hope she would ever have any cognitive abilities.
"This is what Terri wanted. This is her wish," the husband said late Friday, making his first comments after the tube removal on CNN's "Larry King Live." He said he was angry that "government has just trampled all over my personal life."
The family is still hoping for a long-shot legal victory to have the tube re-inserted.
It is unclear how much time the family will have. The effects of such feeding tubes being removed can be seen by the third or fourth day, when the patient's mouth begins to look dry and the eyes appear sunken. From days five to 10, respiration becomes irregular with periods of very fast and then very slow breathing. By the final days, kidney function declines, toxins begin accumulating in the body, and multiple organ systems fail from lack of nutrition.
Court-appointed doctors have said Schiavo will not feel any pain given her state, but her parents' doctors dispute that.
Several right-to-die cases across the nation have been fought in the courts in recent years, but few, if any, have been this drawn-out and bitter.
The case has garnered attention around the world and served as a rallying cry for conservative Christian groups and anti-abortion activists, who flooded members of Congress and Florida legislators with messages seeking to keep Schiavo alive.
Outside Schiavo's hospice, about 30 people keeping vigil dropped to their knees in prayer when word spread of the judge's ruling calling for removal of the tube.
White House spokesman Scott McClellan said President Bush (news - web sites) discussed the case with his brother, Florida Gov. Jeb Bush, and members of the state's congressional delegation during his swing through Florida on Friday to discuss Social Security (news - web sites) reform.
"We're continuing to monitor developments," McClellan said. "The president believes when there are serious questions or doubts in a case like this that the presumption ought to be in favor of life."
Gov. Jeb Bush said the judge's decision "breaks my heart" and noted that it often takes two decades for a death row inmate's appeals to go through the system.
"There's this rush to starve her to death," Bush said.
But Rep. Henry Waxman (news, bio, voting record) of California, senior Democrat on the Government Reform Committee, called the subpoenas a "flagrant abuse of power" and said they amounted to Congress dictating the medical care Terri Schiavo should receive.
"Congress is turning the Schiavo family's personal tragedy into a national political farce," Waxman said.
Schiavo suffered severe brain damage in 1990 when a chemical imbalance apparently brought on by an eating disorder caused her heart to stop beating for a few minutes. She can breathe on her own, but has relied on the feeding and hydration tube to keep her alive.
Both sides accused each other of being motivated by greed over a $1 million medical malpractice award from doctors who failed to diagnose the chemical imbalance.
The Schindlers also said that Michael Schiavo wants their daughter dead so he can marry his longtime girlfriend, with whom he has young children. They have begged him to divorce their daughter, and let them care for her.
The tangled case has encompassed at least 19 judges in at least six different courts.
In 2001, Schiavo went without food and water for two days before a judge ordered the tube reinserted when a new witness surfaced.
When the tube was removed in October 2003, her parents and two siblings frantically sought intervention from Gov Jeb. Bush to stop her slow starvation. The governor pushed through "Terri's Law," and six days later the tube was reinserted.
That set off a new round of legal battles which culminated in September 2004 with the Florida Supreme Court (news - web sites) ruling that Bush had overstepped his authority and declared the law unconstitutional.
On Feb. 25, Circuit Judge George Greer gave Michael Schiavo permission to order the removal of the feeding tube Friday.
"I have had no cogent reason why the (congressional) committee should intervene," Greer told attorneys in a conference call Friday, adding that last-minute action by Congress does not invalidate years of court rulings.
The attorney for the parents said he would likely file a new appeal early next week with a federal appeals court. He also said he hoped lawmakers in Washington or Tallahassee could agree on legislation that would force the tube to be reinserted. Similar efforts have failed in the past.
"I'm hopeful these men and women can get a strategy, get a focus, because we're running out of time," said attorney David Gibbs.
When the State violates a citizen's Constitutional rights, the federal govt has the right and obligation to step in. I'd like to know where people are getting the idea that states have a right to order the death of an innocent citizen for the crime of being disabled. Blocking the violation of a citizen's Constitutional rights is not the same as usurping State rights. States do not have the right to order the murder of their citizens. And this is going to come as a shock to some folks, but Judge Greer does not own Terri Schiavo. Slavery's been illegal for awhile now.
Terri is being starved to death based on conflicting HEARSAY. What kind of standard is that?
I have read that Mr. Schiavo will receive a million dollars when Terry dies. He doesn't have to hire a killer to bump Terry off if the court will do it for him without being stopped by the government. I do not know how Terry's family can deal with this kind of evil. Many people might say that she is only one person and that this will not irreparably damage our society. I beg to differ with that view for I think allowing this travesty to take place is going to lower the bar for all kinds of brutality against our people. Is this not terrorism for Terry and her REAL family? Why are we fighting terrorists in other places if we cannot save one helpless woman from our home grown variety. The power of the federal government is vast..They can stop this.
YOU GO GIRL!!!!
It has been done before; abortion, desegregation & school busing come to mind. Income Taxes, Education, it seems like the list goes on & on.
They can hook up an IV or even give morphine or whatever pain medication right into the muscle the question is will they?
The above statment by GREER just kills me. LOL! It's all about GREER'S ego.
The slippery slope began with Roe. Terri's murder would hasten the pace. Where it will end truly terrifies me.
As I understand it, New York has a law which prohibits removing food and hydration from patients.
If Mr. Schiavo felt strongly that Terri's feeding tube kept her alive, what are the chances he will allow "extraordinary measures" such as an IV line or IM injections. She will still need hydration to prevent nausea.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
You guessed it. I bet if you could get an honest answer from everyone who supports her death, 99.99999% of them would have to say it's because they want to justify having done this to someone already. The rest of them are waiting for it to become legal.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
Sounds like you might appreciate this post #55 from me http://www.freerepublic.com/focus/f-news/1366013/posts?page=55#55
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
While Congress critters places their snouts in front of the camera's and focus on steroids in sports.....
In addressing real life concerns, insurance companies, the state of health care, health care management and hospice as a carte blanche all sides "win" permanent solution for the aged, infirm and otherwise unable to live without some help is a foundation for more to come.
In this case, a precedent is being set in stone.
We are a nation with millions of handicap parking places, braille elevator buttons, handrails and wide doors in toilet stalls, wheelchair ramps and wheelchair curbs, at costs into the billions of dollars.
In the middle of that we are now deliberately killing the inconvenient disabled through the barbarism of starvation.
That is exactly what this can lead to.
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