| Florida legislature acts to save
Terri
October 21, 2003 House, Senate pass measure to grant Jeb Bush power to restore disabled woman's feeding tube With only a few hours remaining before she slips beyond the point where she can be saved, Florida lawmakers delivered Gov. Jeb Bush legislation empowering him to order Terri Schindler-Schiavo's feeding tube re-inserted. The governor has said he would sign the measure and immediately implement the life-saving law. The measure gives him 15 days to act, but Terri is not expected to last that long. Influenced by a massive and sustained outpouring of support for the 39-year-old brain-disabled woman, lawmakers threw a legislative "hail-Mary" pass to move the emotionally charged case out of the judicial arena and into the hands of the state's chief executive. This afternoon, the state Senate voted 23-15 in favor of a bill to authorize the governor to issue a stay, which amounts to putting the feeding tube back into Terri's abdomen. The Senate passage of S 12 E follows similar action by state representatives late last night who voted 68-23 in favor of H35-E, known as Terri's Bill. Introduced by Republicans John Stargel in the House and Daniel Webster in the Senate, the legislation "authorizes the Governor to issue a one-time stay to prevent withholding of nutrition and hydration under certain circumstances; provides for expiration of stay; authorizes governor to lift stay under certain circumstances; provides that person is not civilly liable and is not subject to regulatory or disciplinary sanctions for taking action in compliance with any such stay." Earlier today, Terri's supporters feared the Senate, which was originally not scheduled to vote on the matter until tonight, was dragging its feet in an attempt to run out the clock. "They're just playing with her life," Pamela Hennessey, spokesperson for Terri's family, told WorldNetDaily. "They're arguing over bill language and deliberately letting her die." Sources on hand for the Senate debate, however, tell WorldNetDaily lawmakers reworked the language of the legislation in an attempted end-run around an injunction filed by right-to-die attorney George Felos to block any order by Bush. Pinellas Circuit Court Judge George Greer denied the injunction on technical grounds, according to the Associated Press, but said Felos could refile the request. Felos, who represents Michael Schiavo, Terri's husband, said he thought the legislation was unconstitutional and maintains Terri has a right under the Florida Constitution to not be kept alive artificially. Senate supporters had to win over staunch foes, namely Senate President Jim King, a Republican representing the northeast Florida coast area and Jacksonville, who expressed reservations over intervening in a case already vetted by the courts.
But citing "unique and unusual circumstances,'' King signed off on what he considers a narrowly drafted measure that still delivered what House Speaker Johnnie Byrd and Bush wanted, the Tampa Tribune reported. "If we are going to err, then let us err on the side of caution,'' the paper quoted King as saying. "I just hope to God we've done the right thing.'' The amended Senate bill then went back to the House, which minutes later approved it 73-24. News of the vote prompted cheers from a crowd of about 80 protesters keeping vigil outside the Pinellas Park, Fla., hospice where Terri has been a patient for three years. Suzanne Carr, Terri's sister, called the development "a miracle, an absolute miracle" as their mother broke down crying, according to the Associated Press. "We're not home yet, but we're damn near there," Bob Schindler, Terri's father told AP. Physically attacked? Last night's House action occurred just hours after the Tallahasse-based Advocacy Center for Persons with Disabilities filed for an injunction to keep Schiavo alive to have time to investigate whether removal of her life-sustaining feeding tube was an act of abuse by her husband, according to an Associated Press report. Schiavo – who lives with another woman with whom he has a child and another on the way – cut off all access to Terri's therapy and claims he only is fulfilling wishes expressed before she suffered a sudden collapse in 1990 under mysterious circumstances. The Schindlers, who maintain a website on their daughter's case, say they have evidence Terri was physically attacked prior to her mysterious collapse.
Gordon Scott, an attorney for the advocacy group, asked for a 10-day injunction to provide time for an investigation after he had conversations with the Schindlers and a neurologist. Scott said he is not convinced Terri is in a "persistent vegetative state" as claimed by Michael Schiavo and his advocates. Judge Greer agreed to that assessment, however, and ordered the feeding tube removed Oct. 15. Scott also believes, contrary to Michael Schiavo's claims, Terri is feeling pain from the starvation and dehydration. The Schindler family said Terri appears to be in stable condition. "She seems to be alert,'' said her brother, Bob Schindler Jr., according to the Associated Press. "But every day that goes by, we're getting into a crucial time for her. She's got an incredible will to live." Christine Brundage, a retired registered nurse who handles the correspondence for the Schindler family, told WorldNetDaily in an e-mail last night Terri is still alert and awake, but very shrunken – the effects of six days of dehydration taking their toll. Last week, two separate state courts rejected a motion to have the tube reinserted so law enforcement could investigate the case. Meanwhile, the General Assembly of the Catholic Medical Association passed a resolution at its annual meeting Friday that summarizes the view of many advocates of the Schindler family. It declared removal of Terri's feeding tube "without first undertaking rehabilitation therapy to ascertain her ability to swallow and digest nourishment" constitutes "depriving her of life without due process of law," according to Florida Statutes Section 744, 3211. Volunteers with the Terri Schindler-Schiavo Foundation urge all concerned Floridians to contact their senators and encourage them to support "Terri's Bill." Telephone numbers and e-mail addresses of legislators are listed on the Florida legislature's website. Updates and other information about Terri's fight for life are posted on the family's website. |
