News on the Terri Schiavo case is happening fast and furiously today, one day before the order to remove her feeding and fluids tube takes effect.
U.S. Supreme Court
There has been an emergency motion to the United States Supreme Court to grant a stay on the execution of the court order to remove Terri Schiavo's feeding tube. You can read the whole motion here. Among other things, the motion alleges that Terri has been denied due process by never having her own advocate, in the judge acting as both judge and health care surrogate during a part of the judicial process, and in a certain other violations of Florida law, including the judge never visiting Terri to make a personal assessment of her state.
United States Legislature
The House of Representatives passed their version of the Incapacitated Persons' Protection Act earlier today. Within the last hour, the Senate has passed a similar bill. Now the process of working out differences in the language of these two bills must happen. This bill would not necessarily save Terri's life, but it would guarantee her (and others like her) due process by providing her with independent counsel and a hearing before a federal court. This has been remarkably fast action for both houses of legislature, and a very hopeful development.
Florida Legislature
A bill to block the withholding of food and water from patients in a persistent vegetative state unless they have left written instructions to do so has easily passed in the Florida House, but a similar bill was defeated in the Senate with a vote of 21 to 16. It's not dead yet, but it is doubtful that a compromise bill that will pass both houses will be passed in time to help Terri.
The White House
President Bush issued the following statement on the Terri Schiavo case:
The case of Terri Schiavo raises complex issues. Yet in instances like this one, where there are serious questions and substantial doubts, our society, our laws, and our courts should have a presumption in favor of life. Those who live at the mercy of others deserve our special care and concern. It should be our goal as a nation to build a culture of life, where all Americans are valued, welcomed, and protected - and that culture of life must extend to individuals with disabilities.
Around the Net for Terri
Here are some links to blogs and articles about Terri. (I'll be adding to this as the evening goes on.)
Ever wonder what it would be like to visit Terri? Here is the account of someone who did just that.
Mike Bennett, writer of theJesusfreak critiques Michael Schiavo's defense of his actions in More on Terri Schiavo.
GMRoper writes an open letter to Judge Greer.
BlogsforTerri is doing an excellent job of getting the latest developments in Terri's case up soon after they happen. Check in often for updates.
The Schindler family's site, TerrisFight.org has late developments and copies of court documents.
David Limbaugh muses about Terri's case in his column, Prayers for Terri. Link to it from here.
Don't miss a National Review Online article by the Rev. Robert Johansen. In it he adresses the issues surrounding the diagnosis of Terri Schiavo as PVS, that is, in a persistent vegetative state. This very thorough article, Starving for a Fair Diagnosis, makes the case that Terri's diagnosis was made by a neuroligist who is oriented toward a right-to-die stance and without the benefit of tests that are considered a minimum in the field of neurology. He states that he knows of over fifty neurologists that assert that Terri's testing and treatment have been inadequate. (Thanks to Baillie for the tip.)
By intervening on behalf of Schiavo's parents, the Republicans in Congress are trying to prolong the poor woman's suffering. One wonders what the poor woman did in her previous life to deserve a sentence of 15 years with a feeding tube. Apparently, that's not a problem for Republicans.
But that's not surprising: the GOP is on record for believing in torture. It's part of compassion for Conservatives to promote pain; enduring torture is redemptive and prepares the victim for the Rapture.
Posted by: Messenger | March 18, 2005 at 12:28 AM
Well, if the facts are as the parents claim them to be, she shouldn't be allowed to die. But, that's still not a reason for alleged conservatives to violate federalist principles (which they now only mention when convenient).
Really, none of this seems like the business of the federal government. The Supremes could get involved if there were a significant issue of federal law involved, but the strongest claim I saw in the motion, due process concerns that arise out of conflicts of interest, is still more a state issue than anything, and it's not even clear that there is a federally cognizable conflict of interest at all.
On the other hand, there is something pretty important at stake here; I'd expect this to be a tough call for a principled conservative (assuming there's one left).
Posted by: jpe | March 18, 2005 at 09:02 AM