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.

[HiTech RedNeck]

Kuby should write a living will. As should anybody who doesn't want a Terri like end. I only wish there was a good way of carrying it around in case of mishap far from home. Will one fit in one of those "medical" bracelets?

[iowamomforfreedom]

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

I am afraid that this fellow is right.

If passed, I would expect this arguement to go full circle and be struck by the State Supreme Court as unconstitutional.

I don't really care. It could save Terri RIGHT NOW. They can try to fix the current law after she is safe.

[pickyourpoison]

That's what I thought too. We sure wouldn't want Michael's lifestyle messed up because of an extra expense. Let the tax payers pick up the tab.

[HiTech RedNeck]

How could anyone ever hope to get past a corrupt judge then?

Impeachment or, where the law authorizes it, recall.

[Cold Heat]

I don't really care

I wish I could say that. It would make life so much easier.

[pc93]

I just spoke with Senator Anna P. Cowin's office expressing my concern. The gentleman on the phone was very amiable. He said that there are some minor details being worked out. He believes that it will be passed today. It will then be Jeb's turn to act ASAP.

[iowamomforfreedom]

"I thought that Medicare was paying the hospice bill.
What exaxtly is ms doing with the money except paying for the lawyers."

I read an article as of I think the end of 2002 that gave a breakdown of what the judge has authorized to be paid from the fund. Most of it was lawyer fees, plus a hefty amount to the bank for managing the fund.

[krunkygirl]

bttt for sanity in the Florida Senate today

[Pegita]

Does anyone have a link to a "Mega-Blast" where we can send one e-mail to multiple people? Information needed ~ help!

[iowamomforfreedom]

Thanks for the update pc93. But every second counts! Lets hope these guys truly want to save her and aren't just posturing. THEY NEED TO MOVE!

[agrace]

Looks like the language has been changed by a Senator Webster . Does this mean that because there are revisions, it has to return to the house for approval before heading to Jeb? Ugh. Pray that Judge Mayberry (the appeals judge hearing the motion brought by the disability advocacy group yesterday) rules soon in favor of restoring Terri's feeding tube pending investigation. Remember he's still expected to rule anytime!

[HiTech RedNeck]

As a civics amateur, the only lame leg I could see an appeal standing on would be something like a 4th amendment equal protection argument. I.e. the law doesn't apply to all cases for all indefinite time, therefore it's "unfair" to those it does NOT protect. That's kind of like protesting a half full glass of water by pouring it out on the ground. But Felos would be slime enough to try it.

[iowamomforfreedom]

Here are all the e-mails for FL senators. Just copy and paste into the "send to" field in your e-mail program, write your e-mail and it will go to all of them. Some programs require commas rather than semi-colons though between the addresses though. I think the mega-blast link got overloaded so he had to shut it down.

e-mail addresses: alexander.jd.web@flsenate.gov,argenziano.nancy.web@flsenate.gov,aronberg.dave.web@flsenate.gov,atwater.jeffrey.web@flsenate.gov,bennett.mike.web@flsenate.gov,bullard.larcenia.web@flsenate.gov,campbell.walter.web@flsenate.gov,carlton.lisa.web@flsenate.gov,clary.charlie.web@flsenate.gov,constantine.lee.web@flsenate.gov,cowin.anna.web@flsenate.gov,crist.victor.web@flsenate.gov,dawson.mandy.web@flsenate.gov,portilla.alex.web@flsenate.gov,dockery.paula.web@flsenate.gov,fasano.mike.web@flsenate.gov,garcia.rudy.web@flsenate.gov,geller.steven.web@flsenate.gov,haridopolos.mike.web@flsenate.gov,hill.anthony.web@flsenate.gov,jones.dennis.web@flsenate.gov,king.james.web@flsenate.gov,klein.ron.web@flsenate.gov,lawson.alfred.web@flsenate.gov,lee.tom.web@flsenate.gov,lynn.evelyn.web@flsenate.gov,margolis.gwen.web@flsenate.gov,miller.lesley.web@flsenate.gov,peaden.durell.web@flsenate.gov,posey.bill.web@flsenate.gov,pruitt.ken.web@flsenate.gov,saunders.burt.web@flsenate.gov,sebesta.jim.web@flsenate.gov,siplin.gary.web@flsenate.gov,smith.rod.web@flsenate.gov,villalobos.alex.web@flsenate.gov,schultz.debbie.web@flsenate.gov,wilson.frederica.web@flsenate.gov,wise.stephen.web@flsenate.gov

Good luck!

[HiTech RedNeck]

plus a hefty amount to the bank for managing the fund

Gag, gag, gag. How much time does the trust officer actually PUT into managing something like this? All of 10 minutes per disbursement request?

[ET(end tyranny)]

The only one that I haven't seen address Terri is Fox&Friends. I've been very disappointed with them.

I've been disappointed in their lack of commentary on this too! Too much Kobe, imo.

[Pegita]

Thanks ...

[nina0113]

You can get a "DNR" medallion to wear on a chain.

[Don Joe]

I would think that since it has passed in the House that they ought, OUGHT to re-insert the feeding tube, pending this vote. They sure are dragging this out. Why couldn't they call an emergency session, and postpone the session regarding rules and agenda?

Ockham's Razor would suggest that the reason they're dragging it out is the most obvious reason: they're hoping she dies while they drag it out, so that they won't have to save her life.

There are billions and billions of dollars at stake here. Very powerful industries do not want to lose that which they've been building for themselves over the years: the legal right to kill for money.

[Cold Heat]

something like a 4th amendment equal protection argument.

Yes, that is right, and anyone could bring the case. I doubt it will be a party in the action.

Equal separation of power would be another.

The courts have granted the executive branch special powers in matters of life and death however.(for example, the power of parole)

It will be interesting and a new precedent if it happens in this case.

[TaxRelief]

We need to make sure the pressure is kept up on the Senate members but we must speak positively! Talk about the value of human life, repeat that she is not in a coma.

Make sure if any of you can that the bill is written properly. Should we focus on the wording of the bill? There pay be a problem with the line "persistent vegatative state". What if the individual is not in a coma?