House argues Schiavo bill
In late-night session, lawmakers debate intervention in Florida case
By William Neikirk
Tribune senior correspondent
March 21, 2005
WASHINGTON -- In a post-midnight session, Congress prepared to finish work Monday on a bill aimed at prolonging Terri Schiavo's life, elevating a celebrated Florida case into a larger political and legal controversy about American values regarding life and death.
Members of Congress rushed back from Easter recess on Palm Sunday to vote on a measure that would allow a federal court to review a Florida judge's Friday decision ordering removal of the severely brain-damaged woman's feeding tube.
The Senate approved the measure on a voice vote in a nearly empty chamber Sunday. But some House Democrats blocked an immediate voice vote in that chamber, forcing the House Republican leadership to schedule a roll call at 12:01 a.m. Monday to approve the bill.
In the extraordinary political drama, President Bush cut short a stay at his Texas ranch and raced back to the White House so he could sign the bill as soon as it was passed. Bush and other supporters of the bill hoped to get a speedy federal court decision restoring the feeding tube that has kept Schiavo alive for 15 years.
"We ought to err on the side of life in a case like this," White House spokesman Scott McClellan said. "I think most people recognize that this case involves some extraordinary circumstances."
House Majority Leader Tom DeLay (R-Tex.) said a U.S. District Court in Florida, open 24 hours, had been notified that a petition would be filed as soon as Bush signed the measure.
"Time is not on Terri Schiavo's side," DeLay said. "The few remaining objecting House Democrats have so far cost Mrs. Schiavo two meals already today."
Some Democrats questioned whether Congress should be trying to decide whether to keep Schiavo alive. Her husband, Michael, has fought in court to have the feeding tube removed while her parents have pushed to keep their daughter alive.
"It is particularly hypocritical when you have people who say they advocate on behalf of the Defense of Marriage Act who now insert themselves between a husband and his wife," said Rep. Debbie Wasserman Schultz (D-Fla.).
"It's not the place of Congress, in the 11th hour and in the most abusive fashion, to undermine the Florida court system," said Rep. Robert Wexler (D-Fla.).
Rep. Barney Frank (D-Mass.) added, "We are seeing, sadly, the manifestation of a constitutional crisis. You will have hundreds of members of Congress making a medical decision about which we know nothing."
Frist doubts precedent set
Senate Majority Leader Bill Frist (R-Tenn.) said he didn't envision that the legislation would spark many similar cases coming before Congress.
"It is a unique bill passed under unique circumstances that should not serve as a precedent for future legislation," he said.
As the GOP-dominated Congress scrambled to keep Schiavo alive, it was disclosed that a memo distributed to Republican senators described the Schiavo case as a "great political issue" that could help the GOP with Christian conservatives in the 2006 midterm elections.
"This is an important moral issue and the pro-life base will be excited that the Senate is debating this important issue," according to the memo. Some GOP lawmakers decried the fact the memo was leaked. Rep. Curt Weldon (R-Pa.) said in a CNN interview the Republican leadership in the House did not want to politicize the issue.
"I hope that we're not making this human tragedy a political issue," said Sen. John McCain (R-Ariz.)
Rep. James Moran (D-Va.) said Schiavo and her family members had become "political pawns to larger political issues," according to The Associated Press. But Moran added, "I can't say necessarily that I'm speaking for my constituents."
The Schiavo case is a sensitive one for Democrats, smarting over their losses in 2004, when social issues such as abortion and same-sex marriage proved to be big factors in presidential and congressional elections. Though some Democrats blocked a voice vote by the House on Sunday, DeLay said the measure had strong bipartisan support.
Political motives denied
The unsigned GOP memo called the Schiavo case "a tough issue for Democrats." But presidential spokesman McClellan disavowed any political motive in the president's support of the legislation.
"The president believes that our society should be based on a culture of life," McClellan told reporters on Air Force One as it headed to Washington.
Schiavo's husband and her parents have been in a long legal struggle.
She has been diagnosed by doctors as being "in a persistent vegetative state" since her heart stopped because of a chemical imbalance. Her husband says she did not want to have her life extended. But there was no written directive or "living will" to that effect.
"There are some congressmen that are trying to stop this bill," said Schiavo's mother, Mary Schindler. "Please don't use my daughter's suffering for your own personal agenda."
According to the AP, the attorney for the Schindlers, Barbara Weller, faxed a letter to the hospice where Schiavo is a patient and said the feeding tube could be reinserted as early as Monday on the basis of congressional action.
In an interview with CNN, Michael Schiavo said, "I am outraged, and I think every American in this country should be outraged, that this government is trampling all over a personal family matter that has been adjudicated in the courts for seven years. I think that the Congress has more important things to discuss."
House and Senate committees issued subpoenas last week seeking to have the feedings continued, but that was rejected by a Florida court.
Leaders in the House scrambled to get members to return to the nation's capital for the vote. House Majority Whip Roy Blunt (R-Mo.) sent a message to members on their hand-held computers on Friday saying that they should be prepared to return for a Sunday vote on the Schiavo legislation.
A quorum of 218 members is required for a roll-call vote. Because it is an emergency vote, the bill requires a two-thirds vote of those present for passage. The House has 232 Republicans, 202 Democrats and one independent.
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Key facts in the Schiavo life-support controversy
Who she is: Terri Schiavo, now 41, collapsed in her home in 1990. Her heart temporarily stopped, cutting off oxygen to her brain. Her husband, Michael, won more than $1 million from a malpractice suit two years later. The husband's lawyer said her collapse was caused by a potassium imbalance brought on by an eating disorder, although her parents say that's not true.
What the dispute is about: Whether her life should be ended by withdrawing her feeding and hydration tube. The tube was taken out Friday, and her parents want it restored. Schiavo is locked in what some doctors say is a persistent vegetative state. Others, including her parents, insist she is minimally conscious because she smiles and seems to respond in other ways.
Who wants to remove life support: Michael Schiavo, guardian for his wife. Before her collapse, he says, she had expressed the wish not to be kept alive artificially if the situation ever arose.
Who wants to retain life support: Terri Schiavo's parents, Bob and Mary Schindler, who don't believe Michael Schiavo's statements about his wife's wishes. They say their daughter, a Roman Catholic, would not disobey church teachings on the matter.
Why no compromise is likely: The battle between Terri Schiavo's husband and parents has been bitter. The Schindlers argue that Michael Schiavo--who has fathered two children with his fiance in recent years--is an unfit guardian and has a conflict of interest. Michael Schiavo alleges that Bob Schindler sought a share of the malpractice settlement, which he denies. The money is gone, much of it spent on legal bills related to Michael Schiavo's efforts to end life support.
The legal fight: Florida courts have ruled consistently for Michael Schiavo. Florida's Supreme Court last year struck down "Terri's Law," which let Gov. Jeb Bush intervene in the case.
What Congress is doing: Congress' Republican leadership is pushing a bill that would give federal courts jurisdiction regarding the withholding of "food, fluids, or medical treatment necessary" to sustain Terri Schiavo, who is named in the bill.
What happens next: An attorney for Schiavo's parents has filed a request to a federal appeals court to have the tube reinserted once the bill is passed and signed. If no court action is taken, Schiavo could be expected to live one or two weeks after the removal of the tube.
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