Posted on 03/20/2005 2:52:24 PM PST by Jean S
WASHINGTON (AP) - The Senate passed a bill that could prolong Terri Schiavo's life while a federal court considers her case while House Republicans, stymied by Democrats, scrambled to bring enough lawmakers back to the Capitol for an emergency vote early Monday.
GOP leaders planned a House vote just past midnight, hours after the Senate approved the bill by voice vote. President Bush rushed back from his Texas for a chance to sign the measure.
The plan had been for the House to act first and then the Senate to pass the House version. But with Democrats forcing a delay in the House, the Senate went ahead and passed its own, identical, version by unrecorded voice vote.
That means the House will be acting on the Senate-passed bill, still enabling the legislation to be hurried to Bush for signature into law.
The White House said the president would act as soon as the measure reaches him.
"We ought to err on the side of life in a case like this," said White House spokesman Scott McClellan. Asked about a bill that would cover a single person, he said, "I think most people recognize that this case involves some extraordinary circumstances."
Lawmakers who left Washington on Friday for the two-week Easter recess had to make abrupt changes in plans, backtracking for a dramatic and politically contentious vote.
Democrats expressed sympathy for the severely brain-damaged Florida woman and for the plight of her family. But they also accused Republicans of ramming through constitutionally questionable legislation to satisfy the agenda of their conservative allies.
In a special session Sunday afternoon, Democrats refused to allow the bill to be passed without a roll call vote.
Under House rules, such a vote could not occur until Monday, thus the plans for a vote at 12:01 a.m. Monday at which at least 218 of the 435-member House must appear. Also, because it was an expedited vote, the measure needed votes from two-thirds of those present for passage.
The House has 232 Republicans, 202 Democrats and one independent.
The legislation would give Schiavo's parents the right to file suit in federal court over the withdrawal of food and medical treatment needed to sustain the life of their daughter.
It says the court, after determining the merits of the suit, "shall issue such declaratory and injunctive relief as may be necessary to protect the rights" of the woman. Injunctive relief in this case could mean the reinserting of feeding tubes.
"It gives Terri Schiavo another chance," Senate Majority Leader Bill Frist, R-Tenn., said after the late-afternoon voice vote in a near-empty Senate chamber. "It guarantees a process to help Terri, but does not guarantee a particular outcome."
Frist also noted that the bill, responding to some Democratic objections, does not affect state assisted suicide laws or serve as a precedent for future legislation.
Rep. Chris Smith, R-N.J., said members scattered across the globe were being summoned back to Washington by aides to House Majority Whip Roy Blunt, R-Mo.
Blunt's office sent a notice to members on their handheld computers Friday to be prepared to return to Washington on Sunday, said spokeswoman Burson Taylor.
In emergencies, when that does not work, the whip's office activates a phone tree, where one member is charged with calling the next. "We do anticipate a quorum," she said.
Smith added, "It should come as no surprise to any members reading a newspaper or watching TV. Smith canceled an official trip to Albania to escort Schiavo's brother, Bobby Schindler, to Capitol Hill press conferences Sunday.
The Democratic whip, Rep. Steny Hoyer, D-Md., said his office was informing members of the vote and not discouraging them from returning to the capital. But he said the party was not counting votes and was telling members to vote their conscience on the issue.
Schiavo has been in a persistent vegetative state for 15 years. Her feeding tubes were removed Friday afternoon at the request of her husband, who says that his wife expressed to him before she fell ill that she did not want to be kept alive under such circumstances.
House and Senate committees at the end of the week issued subpoenas seeking to force the continuation of treatment, but that move was rejected by a Florida court.
Schiavo could linger for one or two weeks if the tube is not reinserted, as has happened twice before.
Republicans defined their extraordinary efforts in the context of the sanctity of life: "A society is judged by the way that it treats its most vulnerable citizens," said Rep. Mike Pence, R-Ind.
"No person in America should be deprived of the right to life without due process of law and Terri Schiavo is no different," Pence said.
But Rep. Barney Frank, D-Mass., spoke of "the manifestation of a constitutional crisis" where Congress, for ideological reasons, was ignoring the separations of power written into the Constitution.
Republicans distanced themselves from a memo suggesting GOP lawmakers could use the case to appeal to Christian conservative voters and to force Democrats into a difficult vote.
"I hope we're not ... making this human tragedy a political issue," Sen. John McCain, R-Ariz., told ABC's "This Week." "We've got plenty of other issues that are political in nature for us to fight about."
AP-ES-03-20-05 1721EST
This story can be found at: http://ap.tbo.com/ap/breaking/MGBPGFETJ6E.html
And what of the doctor who was appointed by the State of Florida as her guardian ad litem.
My point that I think many here are missing is that the removal of Terri's feeding tube is perfectly legal and even though I do not agree that it is moral or ethical it has been done and she will most likely die.
So I guess the big question is what can be done to prevent this from happening again?
Sadly I don't think much can be done. Abortion is legal, starving the brain damaged is legal.
The only think that makes this case noteworthy in a legal sense is that she doesn't have a living will and her wish to not be kept alive under these conditions is hearsay.
Absolutely!
Has an appeal gone out to Senator/Dr. Frist to send one of his doctor friends down to Florida and have her condition assessed as part of the bill just passed so there is "official confirmition that Terri Schiavo is not in danger of dying" because they took out the tube?
I agree. But .. it's not the entire democrat party - it's really the ultra-left wing of the party leadership which needs to be voted out of office.
And .. the dems have a rebellion on their hands because many democrats crossed over and are supporting the repubs on the Terri issue - against the leadership's advice.
Exactly! Excellent post.
Please produce just one post where I said that.
You can't that's why when I asked you before you do it you conviently neglected to.
It's wonderful that you love Terri so much but I suspect you've never taken this advocate role for someone before you heard of Terri. I don't know you so I could very well be wrong but I hope you feel good because you are such a champion for those who can not defend themselves.
You don't even know if Terri want to live.
Only person able to say so is her husband and for all we know he could be telling the truth when he says that is was her desire not to be kept alive under these conditions.
Neither you or I can say we know.
Who are your doctors,...the avowed euthanasia advocate Cranford or the other incompetent who would only spent 45 minutes to determine her diagnosis?
These guys must be shaking in their boots because there are malpractice lawsuit in their future.
He was so sure! He spoke with such magnificent authority! At that age I was, I did accept what he said, yet hoped it would not be case. I did not understand how it could be. Still -- I was in my more viginial years of young adulthood and could not speak to gainsay it.
Your "this will destroy the GOP" comment reminded me of it.
The doctor appointed as guardian ad litem was NOT allowed access to ALL of Terri's medical records.
Gee, wonder why.
Well, the House Dems do not have to run a statewide election. Most of the House representatives have safe districts. In the case of some, their districts are rabid leftists so it follows they would be the same. They feel no fear in delaying the vote, they'll be championed by their constituents.
There may be two thoughts occuring here.
1) These guys are so devoted to having terri die they want all Dems on record considering a public vote will subject them to the scorn of the Dem base. Might make them vote against Terri, rather than for.
2) House Dems have been charged with placating the groups faxing the DNC, because the Senate Dems can't risk attaching their face to this woman's death.
Maybe it's both.
Agree 100%.
Best post so far in this thread.
Finally, I think I understand your issue. PVS and brain dead are not synonymous. They are two very different conditions. Referring to Mrs. Schiavo as brain dead is using a factually erroneous description. I never said anything about PVS.
While we are discussing neurology terms and conditions, a coma is not the same thing as PVS or brain death, per se. There are different levels of coma: the deepest, and most irreversible coma being brain death. Brain death is specifically determined by a series of tests, as well as the absence of spontaneous respirations (ventilator dependence).
Persistent vegetative state is a nebulous term of varying degrees. I can not attest to whether Mrs. Schiavo may be accurately described as such today or seven years ago.
Neurology class is dismissed. :o)
Beautiful post, thank you.
And he like a neat solution to mental defectives too.
They might think the doctor might give her nutrition...
Until Terri Schiavo has the writ of Habeas Corpus, she is enslaved by Michael Schiavo and Judge Greer.
As has been repeated, a condemned prisoner about to be executed has more rights than Terri.
I think this is wishful thinking on your part.
Terri's case is not unique in this regard.
There is more than one doctor who has diagnosed Terri as PVS. For that very reason alone there will be no successful malpractice lawsuit.
I would wafer to say that such a lawsuite will never be brought and if one was it wouldn't standup to even be tried. It would be dismissed out of hand.
If we don't know what her wishes are -- not accepting the hearsay offered by her motivated "spouse" -- then we should err on the side of life!!!!
I wouldnt be proud of that if I were you....
From the article I read yesterday he did not mention that but he seemed comfortable to agreeing with the diagnosis of PVS.
This is from the article.
In the end, after long hours at Schiavo's bedside and after poring over 30,000 pages of legal documents, Wolfson concluded that Schiavo was indeed in a permanent vegetative state.
You seem to have some hallucinations of your own, to believe that a caring husband would deny his wife the right to have her teeth brushed, or the window to her room opened.
Perhaps your spouse should show you such unremitting devotion.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.