Posted on 03/21/2005 5:25:35 AM PST by Brilliant
WASHINGTON (Reuters) - The fate of a brain-damaged Florida woman went back to the courts early on Monday after President Bush (news - web sites) signed emergency legislation aimed at prolonging the life of Terri Schiavo.
Bush signed the legislation at 1:11 a.m. (0611 GMT) after extraordinary intervention by lawmakers that drew Congress back from Easter recess and into a bitter family dispute as it tried to circumvent years of state court rulings.
A federal judge in Tampa was considering early Monday morning whether to reinsert the feeding tube that had been removed from the 41-year-old woman Friday, CNN reported.
David Gibbs, a lawyer for Schiavo's parents, filed a lawsuit and a request for a restraining order with the federal court as soon as Bush signed the bill in Washington, CNN said.
Bush had cut short a Texas vacation and flown back to Washington to be available for an immediate signing.
"Today, I signed into law a bill that will allow federal courts to hear a claim by or on behalf of Terri Schiavo for violation of her rights relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life," Bush said in a written statement.
The House of Representatives passed the measure 203-58 shortly after midnight following three hours of debate. The Senate cleared it unanimously Sunday.
"We are very, very thankful to have crossed this bridge," Suzanne Vitadamo, Terri Schiavo's sister, said after the House vote. "We are hopeful, we are very hopeful, that the federal courts will follow the will of Congress and save my sister's life."
Schiavo's husband and legal guardian, Michael Schiavo, said he was outraged by the government's intervention.
"It's a sad day for Terri and it's a sad day for everybody in America because the government is going to trample all over your personal and private matters," he said on NBC. "This is an outrage. They have no business in this matter."
Speaking on CNN, he vowed to fight on in the courts.
The measure gives U.S. District Court in Tampa, Florida, jurisdiction on a case that has been taken up by Republican congressional leaders and galvanized activists on both sides of the emotional end-of-life issue.
EMOTIONAL DEBATE
Several Democrats objected, calling the legislation a political exploitation of a tragic family matter that undermines Florida courts and states' rights.
But House Republican leader Tom DeLay of Texas said: "This is not a political issue. This is life and death, and this is a bipartisan attempt to save this life."
Schiavo has been fed through a stomach tube since a heart attack starved her brain of oxygen in 1990, leaving her in what the courts declared was a persistent vegetative state.
Michael Schiavo has long argued -- and has been supported by the courts -- that his wife would not have wanted to live in such a condition.
The tube feeding has twice been halted and resumed in the past amid legal wrangles. Until now, federal courts have turned the case back to state courts.
Schiavo was expected to survive for one to two weeks without it at the Florida hospice that cares for her.
Schiavo's parents say she is responsive and can be rehabilitated. Her father, Bob Schindler, told CNN he spoke with her about going out to breakfast after the vote.
"I got a big smile out of her face, so help me God," he said. "She seemed to be very pleased. And we're pleased."
House members who scattered for a two-week recess were called back to Washington for the late-night session.
Despite the sudden notice, 261 of the House's 435 members voted, and gave the measure well over the two-thirds majority required under the streamlined procedure.
In the House debate, Republican Rep. James Sensenbrenner, the Judiciary Committee (news - web sites) chairman, said Florida's courts were "enforcing a merciless directive to deprive Terri Schiavo of her right to life."
But Rep. Barney Frank (news, bio, voting record), a Massachusetts Democrat, said lawmakers were voting according to their own ideological bias, not necessarily in Schiavo's interest.
"I don't know what her wishes were, but neither do any of you," he said.
She is being killed. In the most gruesome and inhuman way imaginable.
Meanwhile, as the Federal Judge reviewing the case sips his coffee, munches on a donut, and adjusts his reading glasses as he sifts through the two-page bill and the ton of documents Felos plopped on his desk, Terri has been without a drop of water for nearly three days. Should he not allow her hydration WHILE he studies the case?
Truly hope I am proven wrong any second, but this judge knew the case was coming, and he knew that Terri is being starved. The mere fact he didn't choose to sign an order in the middle of the night is not a good sign. Maybe he and his clerks are reviewing things very carefully, but believe me the judge could have kept the lawyers there and ruled at 2 AM. Unless he rules very soon, it concerns me that he did not act quickly even with a denial, knowing the Schiavos have precious little time to take an appeal to Atlanta.
"U.S. District Judge James D. Whittemore, whom Clinton appointed in 1999, received the lawsuit filed by Terri Schiavo's parents "
I can't overstate the importance of this being a Clinton appointee. This may well have landed in the hands of a judge who is totally opposed to the action Congress took. And whichever way he rules, I find it offensive that time is passing like this. The judge knows this case is an emergency with a capitol "E" It is not a good sign that he is sitting on this, knowing what is transpiring during the delay.
Does dapper dan Michael Schiavo get more money when she dies? It's suspicious why he hasn't divorced her. He lived with her for five years only and only after a settlement of several hundred thousand dollars did he remember her death wish. He's lived with his present babe for ten years and has two children with this second woman he calls his fiancee. What constitutes bigamy? How can he have a financee when he is still married to Terri? Something smells.
Does dapper dan Michael Schiavo get more money when she dies? It's suspicious why he hasn't divorced her. He lived with her for five years only and only after a settlement of several hundred thousand dollars did he remember her death wish. He's lived with his present babe for ten years and has two children with this second woman he calls his fiancee. What constitutes bigamy? How can he have a financee when he is still married to Terri? Something smells.
Michael alleges that Terry made comments indicating she would not want to be nourished via feeding tube.
Friends relate that Michael made statements to the effect,
'She's 26 years old. Why would we have talked about that?'
My observation:
Why would the conversation have led to the distinction between "life support" and "feeding tubes"?
How did she get in this condition?
He asserts that it was a "Heart attack" brought on by a "Chemical imbalance".
I ask, 'Where is the medical history of ANY other persons encountering 'heart attack via chemical imbalance', at the age of 26, given an otherwise healthy patient?
Why has there been no law enforcement review of this case, relating to "cause"?
The "husband" should not be able to block review of his culpability!
Exactly...Then why decree based on heresay to KILL her!!
This is the logical of someone who believes lying with another man is normal and should be celebrated.
It strikes me the judge is taking as much time off the clock as he can "reasonably" accomplish by sitting on this into the morning. Believe me, the judge could have signed the TRO without opinion within an hour. One important point is that a TRO can only be in effect 10 days before a hearing is held, so the fact the judge didn't do that and prepare for a hearing in ten days certainly concerns me.
Hasn't the Supreme Court ruled that denying prisoners food and water is "cruel and unusual punishment?"
I agree the order to reinsert the feeding tube should be made instantly while he considers the case. I'm not one who thinks she has a federal case, but miracles happen and anyway she should not be suffering unneccessarily during the consideration and appeals of her case.
Perhaps you need coffee and a donut. :-)
I hope this judge isn't one of them. If he is also a Clinton appointee, all the more reason for us having the willies.
Leni
I tried to "fast" with Terri, but I only made it 51 hours before I broke down and had a delicious bowl of strawberries last night. Poor Terri. (Oh, and I did drink water the whole time. She has not been given that luxury in her own "fast.")
SCOTUS ruled, via French law, that doing this to a 16 year old cold-blooded killer, would be "cruel and unusual punishment".........but, because her legal guardian says so, Terry must die.
Precisely, Congressman. That is why you cannot let her die!
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.