SCHIAVO INTERVENTION ENDS

The Hill ^ | 3/23/05

[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.”

[The Ghost of FReepers Past]

We can't and shouldn't cut ties with libertarian types. We had just better win next time.

There is nothing libertarian about this case. A bigamist husband is getting to decide whether the wife he has who is disabled (as opposed to the wife he is sleeping with every night) will receive basic care or will be starved to death. That's not liberty; that's private oppression with gov't blessings. Should the gov't look the other way if he chooses to beat his new wife? After all, he's the spouse. Shouldn't he get to choose?

[TomasUSMC]

PRESIDENT BUSH needs to send in Federal Marshals NOW! What is he worried about, getting impeached? Bring it on. Trying to save a womans life is worth it or isn't it.

[layman]

DeLay did not, however, signal any further steps that Congress might take

DeLay apparently is positioning himself to replace Koffi Annin.

[SouthernBoyupNorth]

If your talking about the NEW SYMBOL FOR THE DEATHOCRATS....
That is Boris Vallejo's Death Dealer with a jackass head on it.

[madprof98]

Did you visit the Wal-Mart to stock up for the party when she dies?

[steenkeenbadges]

"Deathocrats?"

That's a GOOD one! Hope it catches on. Was there any signage at the Conservative protests or vigils that said "Deathocrats?" - that ought to stick in their honeyed accursed throats.

I'm no catholic, but Pope John Paul called it right.

[Peach]

Evidence that when you can't effectively argue the merits of your case, you'll make ridiculous comments like that. It's a pity. Sad really.

[TomasUSMC]

exactly! No walking the walk just talking the talk.

[tsomer]

The left has set women back with this one.

If I understand things correctly, we have a 'husband' who is dictating the fate of his first wife. This guy is currently living with a woman, has lived with her for some time,with whom he has produced children. If this is true then she is his common law wife.

Were they married in the Catholic Church? Could the Church annul the marriage, and would that, taken along with the fact of his second relationship, present some legal argument for divorce, thus ending his control over her?

[pnz1]

Fox just said that her parents have asked the entire 11th to look at the case.

[BigSkyFreeper]

Methinks the congresscritters now see what a pig in a poke they bought. I also see that they're backing off the "nuclear option".

Not surprising, given that favorability of Congress isn't too high these days. Congress did the best they could do. Congress creates the courts, and they told the courts to look at the case.

Congress isn't the problem. It's the courts that are the problem.

[JonDavid]

Someone's been reading the polls.
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.



The Republicans SHOULD HAVE SPENT ALL their political capital to save Terri. Terri's death will hurt them in 2006 & 2008. Bush won Ohio because the Conservative base came out. Now if the Republicans can't defend Terri's life, why vote for them.

[areafiftyone]

You are right!! Where are the woman's groups like NOW???

[Sunsong]

Do you or anyone know where I can find out if the Schindler's are asking for tax payer funds to care for Terri if Terri is allowed to live?

I am discussing this with some folks and one person is adamant that the Schindler's are in need of tax payer funds to care for Terri. I had in my mind that they are requesting to take care of her and are not planning to use tax payer funds. Are there any links or articles or statements that will clear this up?

Thanks

[edeal]

It is not libertarian types that are pushing for her to be killed, its the "we hate pro-lifer's" crowd, like Neal Boortz who are pushing this.

I am libertarian on most fronts, but I do not support this. This is anti-libertarian, as her will is not being followed, as it cannot be known. As long as someone is willing to care for her, and no will is in place, killing her is cold blooded murder.

The fact is, if she is truly brain dead, who cares if she exists in the current state, why worry about a corpse that feels no pain. But, is she isn't, aren't we just taking the first step in defining the level of retardation at which it is acceptable to execute people?

I am very interested in seeing a full investigation into what actually has taken place. If Terry is dead as Shiavo claims, why is she even entitled to sealed medical records. Everything should be open to investigation.

I am not ready to believe the family, as I have seen the allegations that can fly when people can't get what they want, but Shiavo has not exactly acted like a man looking out for his wife's interest. What daughter would want to be alienated from her parents on her death bed?

In the end, I blame our failed Republican leadership. Delay et al. are worthless CYA types who give nothing but lip service to conservative ideals. This is also true of the Bushies.

Please, for the love of God, let the Republicans elect a Republicans to office from now on.

If Terry dies without a complete investigation from top to bottom, the Republicans have lost my vote permanently, as the Democrats did 20 years ago. If the government does not protect our most important right, life, what use are the other on the ever dwindling list?

[Antoninus]

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.

You need to get out more. As long as we're speaking anecdotally, of the few people I've spoken to about the issue who have agreed with the starving to death of Terri Schiavo, almost all of them were woefully misinformed as to the basic facts of the case. Once informed, their position changed immediately in almost every case.

[Xenalyte]

In other news, Congressional Republicans admit that they have searched all 232 of themselves and have not located a pair,

[Terriergal]

many would support terminating people like terri because they are a "waste of money" especially if any public money is involved. i have never been impressed with either the humanitarianism of libertarians or their concern for others in the general society.

yep.