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SCHIAVO INTERVENTION ENDS
The Hill ^ | 3/23/05

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.”


TOPICS: News/Current Events
KEYWORDS: 109th; arrestmichaelshiavo; indict4nursestory; indict4policereport; indictmichaelnow; indictmikenow; schiavo; terri; terrischiavo
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To: blownawaybylibs

Not that I was expecting one but that is no answer.


301 posted on 03/23/2005 2:44:24 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: Treasa
Hello Theresa :)
"I understand that the same drivel is being regurgitated thru the courts but it's seems they've neglected other evidence."

I would suggest that the neglected evidence is what is being regurgitated. I've read quite a bit and where evidence isn't consider it is so noted in the court documents. Further, the "nurse" and others making these charges just don't seem to hold up. For example she reported certain matters to the police. Don't you have to wonder why they didn't act on it? Her parents have had 15 years to make their case.........it's not there.

"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.."

I heard him too and was saddened to hear him state things that were clearly not true. From my perspective he's been fed stuff people want him to read and hasn't looked at the other information. For example he went on and on and even interviewed on of the parents Dr. but didn't make any statements about the other 4 doctors or the lawyer/doctor that Gov. Bush used to look into the matter!

"They only looked this over for 45 mins yesterday, am I right?"

If it were your butt that was going to be shown to the world would you only spend a couple of minutes on make up? Nah, these guys looked at the info long before they got it and so did their aides. They didn't get to where they are for being entirely stupid.

"but mistakes happen, we need to make certain all the facts are in."

No procedure is 100% perfect, but unless it's an outrageous error surely it would have come to the surface during at least one court review.

Judge Napolitano was on Fox just now. He's usually a pretty fair guy and isn't afraid to knock his own profession. He even has a book out critical of it!

Yet, he believes the courts and judge did a good job. Indirectly, he indicated if there was a shortcoming it was probably Terri's parents lawyers. He had a couple of examples that escape me right now.
302 posted on 03/23/2005 2:49:28 PM PST by Smartaleck
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To: justshutupandtakeit
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.

I have PRAYED for this "trainwreck". On one of the Terri prayer threads I prayed for the judges to harden their hearts.

The governors and President ALWAYS have authority to use the police power. The police are their employees. Most people, yourself included, consider only the routine situations. Cooperation and reason should be the norm in the operation of government. This is not a normal situation. This is REALPOLITIK. This is the General Relativity of politics while you are thinking Newton.

Now whether they WILL act against judicial orders is what ever court up to now has bet against. But we are at the final hand now - SCOTUS v. Bushes. No way would either Bush be impeached for acting. That's their ace in the hole and their only constraint. Will SCOTUS fold or call their bluff with a final bluff?

Beats the hell out of unlimited Texas Hold 'Em. This would be fun to watch if the emotional stakes weren't so high. But that's what has pushed it to this point.
303 posted on 03/23/2005 2:51:09 PM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: Smartaleck

A good post.

I can't get over the basic misunderstandings there are about PVS and why this is being done.

It's astounding really, and this kind of education is important.


304 posted on 03/23/2005 2:53:54 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: UnbelievingScumOnTheOtherSide

No they will not be impeached but I can tell you that President Bush will not act in this way and if Jeb does you can kiss his chance to be President Bush III goodbye.


305 posted on 03/23/2005 2:55:22 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: justshutupandtakeit
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.

I just don't have the time to explain how clueless you are about the structure of government. But you may get an education very soon. FReepmail me when it happens.
306 posted on 03/23/2005 2:56:56 PM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: ordinaryguy

I have no idea what you're talking about.

And it is not I who is hiding behind the PVS label. You need to google it up. It's basic 101 and until you have an understanding of that, there's no sense discussing it.


307 posted on 03/23/2005 2:58:51 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: Dolphy

No. Do you think that people with PVS and massive strokes, etc., in Florida or elsewhere were just allowed to live indefinitely on feeding tubes?

I'd love the know the number of families that took elderly parents off feeding tubes in nursing homes in Florida alone. It would be an eye opening number that would astound Freepers.

And for those who don't like it, work to change the laws.


308 posted on 03/23/2005 3:03:01 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: Cboldt

Here is your post:

"Well, Peach is standing by an assertion that thousands of people a day die with the primary initiatinge factor being the withholding of food and water. She "heard it" from the floor of Congress."

What I said, once again, is that I had been saying hundreds of people a day. House representatives on Sunday night said thousands, although I then went on to clarify they said between feeding tube removal and other life saving equipment removal.


309 posted on 03/23/2005 3:12:00 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: MacDorcha

I'm trying to answer a gazillion pings since gettings home so forgive me if I'm confused.

You wanted a link to where Terri's parents admitted they knew that Terri was PVS, and I sent that. Did you want something else instead?


310 posted on 03/23/2005 3:13:31 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: Peach

"I can't get over the basic misunderstandings there are about PVS"

The video "snippit" of her seemingly following the balloon has fooled a lot of people....shown many times on TV.

The parent's and one doc's refusal to acknowledge what other the other doctors said and they have a michrophone to put out only the one side. (Just witnessed this on Fox, however, the reporter did conclude with, there are conflicting opinions.)

Hannity and Rush only seeing one side and vocalizing it over the airwaves. Congressmen and, just saw Pat Boone do the same thing.

Blindness of faith and emotion.

Usually reliable Freeper's known for being skeptical about everything aren't being so in this case....unless it's about courts and judge Greer.

How's that? :-)


311 posted on 03/23/2005 3:19:04 PM PST by Smartaleck
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To: Peach
I see, I think. Your beef is that I put the word "thousands" in your mouth. You meant that hundreds of Americans are lose thier lives to the primary mechanism of deliberate starvation (feeding tube removal) each day.
312 posted on 03/23/2005 3:19:52 PM PST by Cboldt
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To: Peach
Do you believe that Robert Wendland should have been starved to death? He was diagnosed with PVS, and could operate a wheelchair and work with pegs and blocks, as instructed by a therapist. Google it if you need to. If you believe that Terri should be starved to death because she is PVS, and people with PVS can perform as Mr. Wendland, then you are hiding behind the PVS label, using it to justify killing.

That is what I'm talking about. It is basic 101, and until you have an understanding of right and wrong, there is no sense discussing it.

313 posted on 03/23/2005 3:21:20 PM PST by ordinaryguy
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To: ordinaryguy

Then he doesn't have PVS and has been misdiagnosed.


314 posted on 03/23/2005 3:27:15 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: Cboldt

It's not a beef and I didn't mean to sound snappish. I was trying to answer a gazillion pings before going out for the afternoon.

What has surprised me is that people did not know that this happens every day in nursing homes and hospitals across the nation. My stepdaughter works in a nursing home. We've did this with my husband's aunt on doctors recommendations.

I'm not saying whether it's right or wrong, painful or not. But freepers who have sat by their parents bedside after the feeding tube was removed and spent as much time with them as they could in their final days say it was peaceful.


315 posted on 03/23/2005 3:29:18 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: Peach
But freepers who have sat by their parents bedside after the feeding tube was removed and spent as much time with them as they could in their final days say it was peaceful.

Not all freepers. One has said that his/her father opted to do this, it took him a couple weeks to die and it was the most horrible thing the freeper had ever witnessed, and he/she is still not over it years later.

316 posted on 03/23/2005 3:31:46 PM PST by agrace
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To: Izzy Dunne

LOL!!


317 posted on 03/23/2005 3:33:12 PM PST by Ghost of Philip Marlowe (Liberals are blind. They are the dupes of Leftists who know exactly what they're doing.)
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To: agrace

With what they are doing to her, the next time it happens, they will probably just bury the person alive. Truely think about that, and tell me the difference.


318 posted on 03/23/2005 3:35:16 PM PST by GoreNoMore
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To: Smartaleck

That Sean, Rush and Senator (and Doctor) Frist have put out such misleaing and outright false statements is an embarrassment, frankly.

One of my neighbors is a nurse and she called me, twice now, after hearing some of the crap our side is putting out and said "Is this a joke?"

And have you seen freepers who think we should accept the word of some guy who "claims" to be a doctor on the internet who runs some website called CodeBlue or something like that? He says the doctors are all wrong and Terri' brain scan isn't really that bad. LOL

And now we have freepers think we should accept his word. But let's not accept the word of doctors and therapists who actually testified under oath and were subject to cross examination.

Are we living in an alternate universe or what? I've never seen anything like it.

I must get 50 freepmails a day from people telling me their parents experienced exactly what Terri is going through (tube withdrawal) following a massive stroke, etc. and thanking me for trying to get the truth out there. They say they don't want to speak out because of the mob atmosphere on FR and fear being called a liar about a subject that is still painful to them. Or being called a mother murderer or something because they let their mom go this way.

It's a sad, sad day for Free Republic. I discussed this with my husband for nearly 2 hours today. He's met several freepers we've had in our home for dinner but at this point, he thinks they are all nuts and he's not too happy with me trying to educate what he termed are obviously the "uneducable". It's like swimming against the tide.


319 posted on 03/23/2005 3:36:13 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: Peach
What has surprised me is that people did not know that this happens every day in nursing homes and hospitals across the nation. My stepdaughter works in a nursing home. We've did this with my husband's aunt on doctors recommendations.

The point that others have made, and I have asked about, is the context of the cessation of nourishment and hydration. Was the patient's body otherwise healthy, as Terri's is, in those hundreds of cases a day? That's what I find hard to believe, in fact, I don't believe it. I don't believe that 35,000+ patients, with otherwise healthy bodies, are starved to death per year in this country. The CDC statistics must bear this out somehow. 35,000 a year is less than one hundered a day, but it's a significant fraction of the deaths.

http://www.cdc.gov/nccdphp/overview.htm <-- Maybe the data is "in there."

320 posted on 03/23/2005 3:40:05 PM PST by Cboldt
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