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.”
Seriously, what about contempt of congress?
Oh please, they did all they could. At least because of the attempt, you can bet now that we will now see laws ensuring this does not happen again. Maybe it's too late for Terri, but at least, in the end some good came of it. We don't live in a dictatorship where you can just say "make it so." The law is not perfect, but it's the best we've got, and now it's time for bad law to change. Thanks to Terri's fight, bad law will now change, but it will be changed properly and in a constitutionally sound matter.
Methinks the congresscritters now see what a pig in a poke they bought. I also see that they're backing off the "nuclear option".
The repercussions will continue apace. I fear for SS reform now.
The GOP in congress chose to expend enourmous political capital here. What they didn't know is that it was a sucker bet.
And the idea that now the President or the Governor will now order TROOPS, fer the luvva Mike, to deal with this is delusional.
What I don't understand is how Michael Schiavo's cavorting about her death as various nurses have said in sworn affadavits doesn't call into question his credibility as to the veracity of the hearsay he claims about Terri. Wouldn't this be at least enough for a new trial? Anyone?
If the government is not there to protect the helpless, it is not there for anyone really.
Exactly. The Congress wasted time. Bunch of Cowards looking for a photo-op!
Flirtin' with disaster?
Now we know why Congressmen and Senators don't get elected president. They are a bunch of cowardly weasels looking for the ultimate photo-op!
Oh, absolutely. I live in the Bible Belt; two days of discussion with people I do not know at the gym and Wal-Mart have convinced me that most people are opposed to this action by Congress. I haven't talked with anyone yet who thinks it's a good idea.
And have you read the article posted on FR last night about some state, forgot which one, is proposing legislation that any spouse who has been an adulterer will not be able to make life and death decisions for their spouse?
They are going to need a LOT of private detectives. And of course, more judges when rulings are appealed.
LOL!
They didn't seem to have a problem with this sort of thing when they voted for this (H.R. 1003 . An act to clarify Federal law with respect to restricting the use of Federal funds in support of assisted suicide., May 14, 1997)...
U.S. Code
TITLE 42 - The Public Health and Welfare
CHAPTER 138 - ASSISTED SUICIDE FUNDING RESTRICTION
§ 14401. Findings and purpose
(a) Findings Congress finds the following:
(1) The Federal Government provides financial support for the provision of and payment for health care services, as well as for advocacy activities to protect the rights of individuals.
(2) Assisted suicide, euthanasia, and mercy killing have been criminal offenses throughout the United States and, under current law, it would be unlawful to provide services in support of such illegal activities.
(3) Because of recent legal developments, it may become lawful in areas of the United States to furnish services in support of such activities.
(4) Congress is not providing Federal financial assistance in support of assisted suicide, euthanasia, and mercy killing and intends that Federal funds not be used to promote such activities.
(b) Purpose It is the principal purpose of this chapter to continue current Federal policy by providing explicitly that Federal funds may not be used to pay for items and services (including assistance) the purpose of which is to cause (or assist in causing) the suicide, euthanasia, or mercy killing of any individual.
§ 14402. Restriction on use of Federal funds under health care programs
(a) Restriction on Federal funding of health care services Subject to subsection (b) of this section, no funds appropriated by Congress for the purpose of paying (directly or indirectly) for the provision of health care services may be used—
(1) to provide any health care item or service furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing;
(2) to pay (directly, through payment of Federal financial participation or other matching payment, or otherwise) for such an item or service, including payment of expenses relating to such an item or service; or
(3) to pay (in whole or in part) for health benefit coverage that includes any coverage of such an item or service or of any expenses relating to such an item or service.
(b) Construction and treatment of certain services Nothing in subsection (a) of this section, or in any other provision of this chapter (or in any amendment made by this chapter), shall be construed to apply to or to affect any limitation relating to—
(1) the withholding or withdrawing of medical treatment or medical care;
(2) the withholding or withdrawing of nutrition or hydration;
(3) abortion; or
(4) the use of an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason.
Michael got Judge Greer to issue an order to cremate her.
It's already been established she's going to be buried in a coffin per her parents wishes. Please keepup.
Ask any nurse (myself included)
Sh!t rolls downhill
Precisely.
DAMN, I just should have made a bet with you using YOUR ODDS! STUPID ME! :)
That has been my decision too.
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