Lawmakers send Bush bill giving him power infeeding-tube case (Passed In House & Senate- Full Story)

AP | 10/21/03 | JACKIE HALLIFAX

[kattracks]

October 21, 2003, 4:14 PM EDT

TALLAHASSEE -- Lawmakers sent Gov. Jeb Bush a bill that will give him the power to order a feeding tube be reinserted into a brain-damaged woman in defiance of courts and her husband.

Bush said he will immediately sign the bill and order the tube to be reinserted into Terri Schiavo, the subject of one of the nation's longest and most bitter legal battles over care for a disabled person.

Schiavo's parents, Bob and Mary Schindler, want her to live. Her husband, Michael Schiavo, says she would rather die.

Schiavo's feeding tube was removed last Wednesday. Doctors have said the 39-year-old woman will die within a week to 10 days without nutrition and water.

Lawmakers were already called to the Capitol for a special session on economic development when they decided to intervene in the case.

Bush said he did not think lawmakers were motivated by politics.

``This is a response to a tragic situation.'' Bush said. ``People are responding to cries for help and I think it's legitimate.''

Sen. Tom Lee said Schiavo would ``essentially starve ... to death'' without intervention from lawmakers and the governor. ``It's a pretty awful way to go,'' said Lee, R-Brandon.

Opponents said government was stepping in where it had no business being.

``I do not believe the governor of Florida should be making a decision of life and death rather than the next of kin,'' said Sen. Steven Geller, D-Hallandale.

The House approved the bill 73-24 after the Senate passed it 23-15.

George Felos, a lawyer for Michael Schiavo, asked a judge to stop Bush even before he received the bill. A hearing was scheduled for Tuesday afternoon.

Earlier in Tampa, U.S. District Judge Steven Merryday denied a request by the Advocacy Center for Persons with Disabilities, which monitors the treatment of disabled adults, that Schiavo be kept alive so it could investigate whether removal of the tube was abusive.

Merryday wrote that federal courts _ other than the U.S. Supreme Court _ are forbidden from interjecting themselves into matters already decided by state courts. He also said the group failed to provide enough evidence to support its request.

The bill sent to Bush was designed to be as narrow as possible. It is limited to cases in which the patient 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.

Court-appointed doctors have described Schiavo as being in a vegetative state, caused when her heart stopped in 1990 from a suspected potassium imbalance.

Bush last week promised the woman's parents that he would help them if he could find a way.

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.

Felos said he thinks the legislation would be unconstitutional. It is Terri Schiavo's right under the Florida Constitution to not be kept alive artificially, and the courts have affirmed that, he said.

Pat Anderson, the attorney for the parents, said she was ``dumbfounded'' by the Legislature's action, although the Schindlers had hoped for such help in the wake of continued court defeats.

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

``This bill so oversteps our role it ... turns democracy on its head,'' said Rep. Dan Gelber, D-Miami Beach.

But many Republicans and some Democrats said they need to be involved in dire cases where judges might be wrong.

``The Constitution is supposed to protect the people of this state,'' said Rep. Sandy Murman, R-Tampa. ``Who is protecting this girl?''

Former Florida Supreme Court Justice Stephen Grimes said the case is unique and it is not clear whether the law will be upheld.

``It presents a new legal issue that I've never heard of,'' Grimes said.

Copyright © 2003, South Florida Sun-Sentinel

[pollywog]

That should include Michael. He is in freat spiritual need. I'm been angry too but have been praying for his repentance. Remember, even if through adultery, he has two kids who need a father

Yes, this is very true newberger!! It is one of the most difficult things God asks us to do. " Pray for those who dispitefully use you"......amazing God's LOVE.....Amazing GRACE How Sweet The Sound! Thanks for the reminder ~~~

[Canadian Outrage]

WHOO HOO, RIGHT ON!! It's about time.

[Babalu]

It's things like this that make me so proud of being an American. Warts and all, our country and our system of government make things like this possible ... but without God, NOTHING is possible.

[ohioWfan]

Praise be to GOD and God Bless Freepers !!!!!!!!!!!!!!

AMEN!!

[Babalu]

I will pray for Michael, but he needs a good spanking! I leave it the the Lord to deal with Him as He sees fit.

[fiesti]

They preparing to start IV first on Terri Thank You Jesus

[sweetliberty]

"Lets hope that their scheme to murder Teri for her insurance and lawsuit settlement money will also be exposed."

I would think that it wouldn't be too hard to find out more specifics now that this has come out. It is my understanding that Michael is in the insurance business, so he might be in a position to run a better scam than the average citizen could effectively get away with. He needs to be investigated and Terri's medical records need to thoroughly examined, preferably by a forensic pathologist. She also needs to have new examinations and tests done by parties who are in no way tied to Michael Schiavo, Judge Greer, Felos or the hospice. Mikey is just WAY too anxious to dispose of his wife. I mean doesn't it strike you as at least a little odd that a man would go to court to get an order to have his wife cremated IMMEDIATELY upon her death so that there is no chance that an autopsy could be performed?

[fiesti]

I as all of you have done also has been to prayed tearfully for this Miracle from Heaven..What other proof do we need that all things are possible with God

[tutstar]

In June 1998, soon after Michael asked the court for permission to remove Terri's feeding tube, the court appointed Richard Pearse as Terri's guardian ad litem. His job was to investigate the facts of Terri's case and represent her interests in court.

At the 2000 trial, Pearse concluded that he had not found clear and convincing evidence that Terri would have rejected life support.

Pearse said he was troubled by the fact that Michael waited until 1998 to petition to remove the feeding tube, even though he claims to have known her wishes all along, and that he waited until he won a malpractice suit based on a professed desire to take care of her into old age. As her husband, Michael would inherit what is left of her malpractice award, originally $700,000, which is held in a trust fund administered by the court. Accounting of the fund is sealed. But Michael's lawyer, George Felos, said most of it has been spent on legal fees associated with the custody dispute.

Pearse also said he did not find Joan and Scott Schiavo's testimony credible.

Greer ruled in Michael's favor. Appeals by the Schindlers failed. A state appeals court upheld Greer's decision; the Florida and U.S. supreme courts declined to hear the case. And on April 24, 2001, hospice staff stopped feeding her. But two days later Pinellas County civil court Judge Frank Quesada ordered that feeding be resumed when evidence suddenly surfaced suggesting that Michael never really knew what Terri's wishes were.

http://www.lifesite.net/ldn/2003/sep/03091707.html

[sweetliberty]

"Does Pat know the power of Jesus Christ and the Holy Spirit???"

Perhaps this will be her wake up call.

[Brad’s Gramma]

I sure wish MSNBC and ALL of them would've been little mice in the corner to show Michael's FACE when the ruling came down....we'd then all know, one way or another....

Well, WE already know, it's THEM who needs to see the truth.

[Canadian Outrage]

Thank you Jesus is right. God Almighty either moved on the hearts of the legislature and/or struck fear into their hearts. Either way, we got the desired result. Poor Terri, she must be wondering what is going on. My main prayer is that she is REMOVED from that Death House.

[sweetliberty]

"HEY GUYS MICHAEL IS "DEEPLY TROUBLED"

No, what Michael is is SCARED ____________! His little gig is up and he knows that they could well be coming after him next.

[Babalu]

On the way to work today, I could think of little else. I had the 2-Elvis CD playing, and it came to his rendition of Dixie/Battle Hymn of The Republic. When it got to "His Truth is Marching On", I broke down ... got a few strange looks from the morning rush traffic folks, but I just smiled back at them.

Glory, glory, Hallelujah!

[adam_az]

"On what grounds?"

I don't think it's particularly "conservative" to pass a law allowing the governor to overrule a court ruling, it violates separation of powers.

[fiesti]

Hi Canadian...Yes she needs to be in a hospial but starting the IV in hospice first is OK with me Must act to get her hydrated..and get those kidneys working proper.

Would be nice if Michael Schivo and Scott Peterson could share a cell for rest of life with bread and water if they lucky

[adam_az]

Agreed.