Posted on 03/23/2005 9:01:53 AM PST by areafiftyone
Congressional Republicans who took extraordinary measures last weekend to prolong the life of Terri Schiavo say there are no further steps Congress can take to intervene.
A federal district-court judge declined yesterday to issue an order to reinsert Schiavo’s feeding tube. Schiavo’s parents have appealed the ruling to the 11th Circuit Court of Appeals in Atlanta.
The court ruling concerning the Florida woman whom doctors say has been in a “persistent vegetative state” for 15 years prompted a strong statement from House Majority Leader Tom DeLay (R-Texas), who said that the court violated the “clear intent of Congress,” which passed a emergency Schiavo bill last weekend.
Sen. Mel Martinez (R-Fla.), who drafted legislation that served as starting point for a narrower bill passed by the Senate, said, “I am deeply disappointed by this decision today, but I believe this matter now belongs in the hands of the judiciary.”
DeLay went further, saying, “Congress explicitly provided Terri Schiavo’s family recourse to federal court, and this decision is at odds with both the clear intent of Congress and the constitutional rights of a helpless young woman.
“Section two of the legislation we passed clearly requires the court determine de novo the merits of the case — or in layman’s terms, it requires a completely new and full review of the case.
“Section three requires the judge to grant a temporary restraining order because he cannot fulfill his or her recognized duty to review the case de novo without first keeping Terri Schiavo alive.”
DeLay did not, however, signal any further steps that Congress might take.
Section three of the Schiavo law states that the judge “shall issue such declaratory and injunctive relief as may be necessary to protect the rights” of Schiavo.
But Senate floor statements appear to contradict DeLay’s interpretation. An earlier version of the bill included language mandating that the court issue a stay. Sen. Carl Levin (D-Mich.) objected to the provision and negotiated to have it removed. GOP leaders needed the consent of Senate Democrats to move the bill in a speedy fashion, and during a House floor speech DeLay later thanked Senate Democrats for their cooperation.
During Senate consideration of the bill Sunday, Levin engaged in a colloquy, or conversation on the floor, with Senate Majority Leader Bill Frist (R-Tenn.), stating his belief that the bill would not require the court to issue a stay.
Frist agreed, saying, “Nothing in the current bill or its legislative history mandates a stay. I would assume, however, the federal court would grant a stay based on the facts of this case because Mrs. Schiavo would need to be alive in order for the court to make its determination. Nevertheless, this bill does not change current law, under which a stay is discretionary.”
A House Judiciary Committee aide said that the final law was stronger than the initial Senate bill and that it did require the judge to issue a stay.
House Speaker Dennis Hastert (R-Ill.) also released a statement, saying that he was very disappointed by the court ruling.
Time is working against Republicans who would like to do more on Schiavo’s behalf. At best, if the case goes to the U.S. Supreme Court, lawmakers might decide to file friend-of-the-court briefs on behalf of Schiavo’s parents.
Legislative provisions negotiated by Senate Democrats during the hours before Congress acted last weekend appear to have had a substantial effect on the case.
When Frist first moved to take up a bill dealing with Schiavo in the midst of a budget debate, Democrats objected. One who objected was Sen. Ron Wyden (D-Ore.), who was concerned that the legislation could have an effect on an Oregon law dealing with assisted suicide.
As a result of negotiations with Wyden, the final law included language stating that it should not be construed to give new jurisdiction to courts regarding a state’s assisted suicide law. Wyden did not object to final action, even though he opposed the bill.
Democratic aides said their members decided to allow the bill to move forward once it was changed so that it was narrowly tailored to the Schiavo case. An ABC News poll released Monday showed that 70 percent of respondents thought the congressional intervention was inappropriate.
“Just because members oppose a bill doesn’t mean they exercise every procedural option to block it,” one Senate Democratic aide said. The bill eventually passed the Senate on a voice vote, after no senator demanded a recorded vote be taken.
Meanwhile, Frist wrote Florida Gov. Jeb Bush (R) yesterday urging quick action on the part of the state Legislature: “The extraordinary nature of this case requires that every avenue be pursued to protect her life.”
"Her testimony not mentioned in the "news". here affidavit not read."
Dan Rather believes her though........I'm sure.
Social conservatives are wrong if they believe that prolonging the misery of TS is a GOOD thing. This is the same kind of sentimentality and irrationality that I expect from the Leftists. This woman is without consciousness and reduced to little more than a physiological process. It isn't life as anyone I know would want to live.
I certainly have not "pro-death" view you are confusing that with an Anti-pretend-this-is-life view. There is a huge difference.
In general I am against the majority of the Court's rulings when they are just concocted out of thin air. That is not what has happened here where every ruling has had clear precedence for it. It is no accident that EVERY judge from every political persuasion has come to the same conclusion for years now on this case.
There is simply NO way society can spend millions per year per patient maintained this semblence of life. It is impossible no matter what YOU or I might desire.
"When do the rest of us get that kind of clout?"
Congress, taking care of America's health-care one person at a time.
John Stewart show.
That's some good delusional thinking there boy. Real good.
"This woman is without consciousness and reduced to little more than a physiological process. It isn't life as anyone I know would want to live."
Social conservatives would do well to disassociate politically from those who would deem brain damaged human beings mere "physiological process[es]."
As for irrationality, you argue that she has is "without consciousness" yet is in "misery." Moreover, it doesn't follow that one should be killed because the life is not something that you would want to live. The barbarism you advocate is beyond anything I would expect from Leftists.
Consider taking a break from abstractions and infusing a measure of sentimentality into your thinking.
"Throughout this painful and difficult trial, the family acknowledged that Theresa was in a diagnosed persistent vegetative state."
The family is not qualified to make a mdical judgement as to whether or not Terri is in a PVS. They are not neurologists, and have not received specialized training, such as would be found in a medical school, which would allow them to make a diagnosis.
It sounds to me as though they testified that Terri had a PVS diagnosis. Do you disagree with any of these statements?
But please stop hiding behind the PVS label. If a man capable of operating a wheelchair, kissing his mother's hand, and operating a pegboard on instruction from a therapist is PVS, then PVS is not justifiable grounds for murder.
You think Bush is a "general incompetent" so what does that make you for believing that an Executive Order affects anything other than the federal executive branch of government?
We are not talking about merely "brain-DAMAGED" but more like brain destroyed. Big difference.
Her "misery" does not come from physical pain but from being in a spiritual limbo.
This situation is one that many find themselves in every day in our country. When my wife was dying and without any chance my daily prayer was that God would end her suffering.
The most disturbing thing about this case is the incredible hatred unleashed by those trying to keep Terri from ending her life in a peaceful manner and the lies they resort to to paint MS as a monster. And the knee-jerk response of the GOP to them. That protends disaster.
This has been blown totally out of proportion ala the Peterson Trial, the Jackson Trial and the Kobe trial while many vastly more important things just sit. It is consuming medical resources, legal resources without ANY positive result unless you are a RAT just waiting to go on the attack over the GOP absurdity. They are going to have a Field day.
The facts are even MORE against the Inlaws. That will in no way help their argument.
That is the ONLY positive aspect of this trainwreck and even then it is a stretch.
However, you seem to believe that these powers allow the President or Governor to intervene at will in cases where they have NO authority to do so. They will use those powers in order to SUPPORT a court ruling NOT to thwart one.
Well said!
Maybe. Maybe not. But the Governor or the President acting will break the Judicial Oligarchy into little pieces. Both have hinted in the last two hours they will. It only remains for SCOTUS to act or fail to act. SCOTUS can save SOME of its authority by reversing and ordering feeding. They have a couple hours. But if they call the bluff, they risk being destroyed.
Hello Smartaleck. :)
I understand that the same drivel is being regurgitated thru the courts but it's seems they've neglected other evidence. I heard Sean Hannity say the ORIGINAL crime report was never entered in as well as many other details such as sworn testimony from Nurses etc..
If this were a death penalty case the court would not only review part of the evidence, right? They only looked this over for 45 mins yesterday, am I right?
Please don't get me wrong, I get your point and I know we have the best legal system in the world, and I'm not knocking it, but mistakes happen, we need to make certain all the facts are in.
This is no example of a "Judicial Oligarchy" but rather an example of WHY the Founders wanted Judicial Independence from the whims of the Mob.
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