FLA. SENATE GETS INTO COMATOSE WOMAN TIFF (AP HEADLINE); SENATE VOTE EXPECTED BY TONIGHT

Associated Press ^ | Oct. 21, 2003 | Associated Press

[varina davis]

Fla. Senate Gets Into Comatose Woman Tiff

October 21, 2003 07:49 AM EDT

TALLAHASSEE, Fla. - Florida House lawmakers stepped into the contentious battle over the fate of a brain-damaged woman slowly starving to death, voting the governor new powers to restore her feeding tube.

The Florida Senate scheduled a vote Tuesday on a House-passed bill to let Gov. Jeb Bush intervene in the case of Terri Schiavo, one of the nation's longest and most bitter euthanasia cases.

Schiavo has been at the center of a court battle between her parents, Bob and Mary Schindler, and her husband, Michael Schiavo. The parents want Terri Schiavo to live, and her husband says she would rather die.

The Florida Supreme Court has twice refused to hear the case, and it also has been rejected for review by the U.S. Supreme Court. Last week, a Florida appeals court again refused to block removal of the tube.

The House measure would give the state's governor 15 days to order a feeding tube to be reinserted in cases like Schiavo's. The governor's power would be limited to cases where a person has left no living will, is in a persistent vegetative state, has had nutrition and hydration tubes removed and where a family member has challenged the removal.

Bush said in a statement earlier Monday that lawmakers understand the "unique and tragic circumstances of Ms. Schiavo's case, and I am hopeful the Legislature will pass a bill immediately."

The House voted 68-23 for the bill late Monday. The Senate Rules Committee planned to take the bill up Tuesday morning, with the full Senate scheduling a vote by early evening.

George Felos, attorney for Michael Schiavo, said he thinks the legislation would be unconstitutional. He said it is Terri Schiavo's right under the Florida Constitution to not be kept alive artificially.

Court-appointed doctors have described the 39-year-old woman as being in a vegetative state, caused when her heart stopped in 1990 from a suspected chemical imbalance. Her feeding tube was removed Wednesday.

Doctor said she will die in a week to 10 days without the tube.

Schiavo's family members believe she is capable of learning how to eat and drink on her own and say she has shown signs of trying to communicate and could be rehabilitated. Michael Schiavo says he is carrying out his wife's wishes that she not be kept alive artificially.

During a two-hour debate in the House, several Democrats argued that the Constitution doesn't allow the Legislature to give governors the power to overrule the courts.

"This bill so oversteps our role it ... turns democracy on its head," Rep. Dan Gelber said.

But Republicans said that where judges might be wrong, especially in cases like Schiavo's, such legislation is desperately needed.

"The Constitution is supposed to protect the people of this state," said Rep. Sandy Murman. "Who is protecting this girl?"

The House action came hours after a state agency for the disabled asked a U.S. judge in Tampa to keep the woman alive so it could investigate a claim that she is being abused by having the tube removed. The judge was expected to rule as early as Tuesday.

[Don Joe]

This just in from Pamela Hennessy:

Subject: Terri's Bill time moved up!

Please Post to all!
       Please call your Florida State Senators and tell them to vote YES to Terri's Bill today at 2:15!  This bill will give the Governor the authority to replace her feeding tube.
       Terri is hours away from death, so it must be passed tonight...they pulled the tube on Wed. October 15. She will make it with food and water. We have consumers with worse disabilities than Terri obtaining their independent living goals. Court testimony states Terri scoots across the bed, laughs, cries. She has a limited vocabulary now and has been fed jello and ice-chips.
Senators :Member Pages : flsenate.gov
       Please contact your local Senators by clicking on the link. Call, fax or email each.
       Facts: Michael Schiavo stopped all aggressive therapy in July of 1991 when he removed her from Mediplex-as she was starting to develop an extensive vocabulary. He stopped ALL therapy for Terri in 1993 and placed her in long term care facilities.
       There are more professionals on court record testifying that Terri is NOT in a Persistent Vegetative State and can be rehabilitated. The courts have ignored this, the legislative branch is the only hope now.
       The only way anyone can be starved and dehydrated to death under Florida law is if they are designated Persistent Vegetative State. There is a 40% misdiagnosis rate, and no standard method of determination in the medical field for Persistent Vegetative State.
       An around the clock Vigil is being held at Hospice Woodside 6774 102nd Ave in Pinellas Park, FL (102nd Avenue North, just west off 66th Street). 

[PleaseNoMore]

My neighbor verbalized this very point last night. God help us, fast....

[mickie]

How can we find out who is paying the hospice bill?

It doesn't seem fair if the public has to foot the bill, does it?

[Congressman Billybob]

The first case ever decided by the US Supreme Court, The Schooner Peggy, answered the precise question you asked. Even if the court's decision was correct when rendered, it must be reversed if the law changes between that time and the time of the new decision. And if the trial court tries to evade this point, an appeals court will straighten it out on an emergency basis.

John / Billybob

[4Godsoloved..Hegave]

bttt

[NautiNurse]

Thanks for the ping. I wrote a scathing email to FL Rep Bucher last night. Sent an email to my state senator too. He had better vote like a Republican this time, or he is going to hear from me again, and again.

Who will start a live thread--with link to the proceedings?

[NautiNurse]

They are disussing Terri on the floor right now!!!

Senate Video

[agrace]

What if it is immediately ruled unconstitutional and a stay is put on it? If Jeb acts quick enough and the tube is restarted, will it again be removed?

[Don Joe]

I tried this link first (Real Player):

http://wfsu.org/Florida_Channel/webschedule.htm

But it was at capacity and would not allow any more connections.

I am now viewing via Windows Media Player at this URL, it's working fine:

http://199.44.254.202/stations/channelB.asx

[Don Joe]

What if it is immediately ruled unconstitutional and a stay is put on it? If Jeb acts quick enough and the tube is restarted, will it again be removed?

Not unless they want to invoke the scenario described in post 120, IMO.

[NautiNurse]

They are discussing a guardian ad litum. Is this the same bill from the House?

[FR_addict]

Thanks much for the ping and the link to the video. I'm able to listen now.

[So Cal Rocket]

NO... it appears that the Senate has amended the bill, meaning if the Senate passes the bill, there must be a Conference to adjudicate the differences between the Senate version and the House version. Then, both the House and the Senate must pass the IDENTICAL bill before it goes to Jeb for signature

[NautiNurse]

Did someone just knock over the microphone?

[NautiNurse]

I've lost the feed.

[WackySam]

Video up Ping
http://199.44.254.202/stations/channelB.asx

[agrace]

OK, so your post indicates separate steps as follows -

1. Senate passes the amended bill

2. Conference to adjudicate the differences between the Senate version and the House version

3. Both the House and the Senate must pass the IDENTICAL bill

4. Goes to Jeb for signature

Wouldn't the initial passage of the amended bill by the Senate be coverage for their part in step 3? And do the House and the Senate really have to conference? Why don't they just send the amended bill to the House for passage and it then goes straight to Jeb?

[agrace]

I just got it back, now it's cut out again. There seem to be so many users that the system is overloaded.

[So Cal Rocket]

If the Conference agrees to the Senate language verbatim, then the answer to #3 is YES, only the House will need to vote on the amended bill.

[Don Joe]

Right before the stream went dead AGAIN, some IDIOT senator slipped a mickey -- (paraphrase) "Is there anything in this bill that would prevent the husband from going to court and getting an injunction to prevent the governor from restoring the tube?"

"NO."

The damn fix is STILL IN!!!!!!!!!!!!!!!!!!!

Those *stupid* bastards....