Jeb Bush may take Terri Schiavo into state care

Times On Line.UK ^ | 3/25/2005 | Jenny Booth, Times Online and Tim Reid

[ex-Texan]

Jeb Bush may take Terri Schiavo into state care

The war over the fate of Terri Schiavo was entering its final stages today as her parents clung to two slim hopes of preventing their severely brain-damaged daughter from being allowed to die.

The 41-year-old has been without food or water for almost seven days, after her feeding tube was removed last Friday on the orders of a Florida state judge.

Friends and lawyers say she is showing signs of dehydration - flaky skin, dry tongue and lips, and sunken eyes. Doctors have said she would probably die within a week or two of the tube being removed.

"It's very frustrating. Every minute that goes by is a minute that Terri is being starved and dehydrated to death," said her brother, Bobby Schindler, who said seeing her was like looking at "pictures of prisoners in concentration camps".

But Brian Schiavo, the brother of Mrs Schiavo's husband Michael who has argued for her to be allowed to die with dignity, strongly disagreed, telling CNN that Terri Schiavo "does look a little withdrawn" but insisting she was not in pain. He added that starvation is simply "part of the death process".

One of the final hopes of Mrs Schiavo's parents lies in the federal courts. Last night Bob and Mary Schindler went back before a federal judge in Tampa, filing another emergency request that the feeding tube be reattached while they pursue claims that their daughter's rights are being violated.

District Judge James Whittemore previously rejected an almost identical request on Tuesday. He promised to work through the night to issue his new ruling.

The second and more dramatic hope lies in the hands of Jeb Bush, the Governor of Florida, who was last night considering the politically explosive step of ordering state officials to force their way into the hospice where Mrs Schiavo lies motionless and take her into state custody, in defiance of the US courts.

A Florida judge yesterday rejected a request by Governor Bush to allow the state to take custody of her, but the governor's aides afterwards refused to rule out further action.

The possibility emerged on Wednesday night, when Governor Bush declared that Mrs Schiavo - who court-appointed doctors say has been in persistent vegetative state for 15 years - had been misdiagnosed. He based his assertion on "new information" provided by William Cheshire, a Florida neurologist, who says that she may only be in a "minimally conscious" state.

Although Dr Cheshire, a leading member of the Christian right-to-life movement, did not examine Mrs Schiavo, he observed her for an hour on March 1. Governor Bush maintained that his testimony was compelling enough for the Florida Department of Children and Families (DCF) to take her into protective custody.

On Wednesday night, amid reports that Florida state officials were "mobilising" outside Mrs Schiavo's hospice, Florida Circuit Judge George Greer issued an emergency restraining order prohibiting DCF agents from seizing her.

Judge Greer then formally rejected Governor Bush's custody request yesterday. Last night he refused to hold a new hearing to assess Dr Cheshire's claims.

He also ordered the local sheriff's department not to allow state officials into Mrs Schiavo's hospice - but, under Florida law, the governor has the power, without court clearance, of taking a citizen into custody for a 24-hour appraisal if it is suspected they are in jeopardy.

Very long article . . Click Here to Read More

[Bear_Slayer]

Declaration of Independence

excerpt

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive [of life] to these ends, it is the right of the people to alter or to abolish it . . . emphasis mine



Portrait of an early American vigilante.

[Military family member]

I'm not sure if I'm laughing in agreement, or outrage, but that is a very interesting observation.

[tickles]

I believe it's the guardian (I have not gotten that far in my travels through the world of the disabled since my child is not yet and adult) who is required to file plans of care. But the team would consist of the guardian and therpists and probably a staff from the place of residence.

[Diogenesis]

Lucky that you know everything.

[Military family member]

The Declaration of Indepenence holds no legal authority in the United States. It does hold a deep spiritual and philosophical place I grant you.

The question then is, are YOU willing to follow Jefferson's lead all the way? Are you willing to toss out the current structure of laws we have in the country over this event?

[cubreporter]

No, can't read the article or anything else anymore. It's useless. Done. Over. The last No came with this whitmore guy. There are no other options. So, I don't want to read or hear anymore talking, filings or anything else. Those that want her dead will now get their wish. Terri will no longer be a burden on those of this earth. Funny isnot it? The ones with the loudest mouths and the authority to do something are the ones who want her dead while her mother PLEADS for the life of her daughter...her child...her blood. Well, let the blood of Terri rest on all those who kill her.

[dalebert]

I agree.

[alice_in_bubbaland]

BUMP!

Simply, we are a nation of laws.

[cubreporter]

Boy, you've got that right. We said we would have removed our daughter a LONG time ago. This was coming and it was obvious. She would have been out of there a LONG time ago and Michael would have never found her. Now it is too late. Now it is too late...she is being tortured and murdered. God give her peace and one day those that did this will wake up and realize what a horrible, sinful thing they have done because they thought they were God. Well, they don't have a clue about God if they can do this.

[paulsy]

whenever any form of government

the judiciary is a form, "Are you willing to toss out the current structure of laws we have in the country over this event?"

Yes. Not the laws, but the judiciary that ignores them.

[verity]

Observation over time provides an excellent insight.

[KenmcG414]

Jeb Bush is worried about his political career. He doesn't have the guts to take her into custody.

[Military family member]

Again, if you are basing your arguments on the Declaration, it has as much legal binding in our laws as English Common Law does. Both are routinely cited pehaps, but they are not the law of the land which is the United States Constitution.

[keysguy]

Should Terri die I plan to use any time or money I can to make sure the bad guys in this case, lawyers, judges and MS spend the rest of their life in and out of court or jail for the rest of their natural lives.

[merry10]

So you want Governor Bush to go in there with WHAT? The National Guard vs. the policemen guarding her? Sounds like you want a riot. Tell you what. Go spend your time in a nursing home with people in vegetative states. I am sure they would enjoy your company.

[jbarkley]

I still don't understand this - DCF takes children out of their homes all of the time on just a slight allegation of abuse. It is up to the parents to then go to court and prove that the abuse didn't happen and they have the right to guardianship of the child.

Take Terri into custody and make Michael prove that he is acting in her best interests and that no abuse has occurred.

[Pinetop]

I realize that the analogy is not exact, but, as I said, Jeb Bush's current dilemma is reminiscent of Pontius Pilate. I agree that had Pilate taken Jesus into Roman custody, Jesus would have eventually been killed, because the Romans could not have held him interminably and once released, the Jewish elders would have imposed their death sentence.

But, getting back to Terri's death sentence... Bush could take her into temporary custody for purposes of conducting an examination to determine her physical condition.

[Bear_Slayer]

The question then is, are YOU willing to follow Jefferson's lead all the way? Are you willing to toss out the current structure of laws we have in the country over this event?

In The Vernon Johns Story he is quoted as saying, "When you see a good fight, get in it."

Most conservatives are waiting to see the good fight and then they are willing to jump in. Few want to be the first to start the fight. Usually it starts at the fringe and works its way to the center. It takes incidents like these to motivate people. When Terri dies, it will not likely go unchecked. Many abhore what Tim McVeigh did in practice; many others applaud what he did in principle, i.e standing up to government.

As Randy Weaver was the beginning of outrage over intrusive government, Terri is the beginning of outrage over judicial tyranny.

Am I willing to be the first? No, but if I see a good fight, I'll jump in.

[Bear_Slayer]

but they are not the law of the land

Legal (law) and Right (proper) are often two different things.

It may not be the law, but it is right.

[pickyourpoison]

Have we solved the Social Security problem?