Passage of Schiavo bill delayed; House and Senate to meet after midnight, Bush will sign

WASHINGTON (BP)--Opposition from some House Democrats prevented a bill that could save Terri Schiavo’s life from passing Sunday afternoon, although the move likely only delayed its passage.

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The House of Representatives is scheduled vote on the bill after 12:01 a.m. Monday, after which it will head to the Senate. If it passes there, President Bush will sign it in the early morning hours.

The House had hoped to pass the bill Sunday afternoon, although a handful of Democrats objected, preventing it from receiving the required unanimous consent. Unanimous consent will not be required to pass the bill Monday morning.

The bill would provide Schiavo’s parents the opportunity to appeal the case to a federal court which would give a complete review of the facts. In essence, the judge would be starting over, with new witnesses and new evidence allowed. The narrowly tailored bill applies only to Schiavo’s case.

"It seems to me the presumption should be in favor of life, and not in favor of starvation," Rep. Christopher Smith, a New Jersey Republican, said at a Sunday news conference.

Congress attempted but failed to keep the feeding tube in place Friday with a series of subpoenas and even a request for Schiavo herself to appear before a Senate committee. But those efforts failed, as Florida Judge George Greer ignored them and ordered the feeding tube removed. If not re-inserted she will die of starvation and dehydration within a week or so.

Schiavo's case has captured the nation's attention in recent weeks, with President Bush even weighing in. For years her parents and her husband have been in a legal struggle over whether she should live or die. While her husband, Michael Schiavo, says she would not want to live in her present state, no written request exists. Meanwhile, he has lived with his girlfriend, by whom he has fathered two children. Her parents say she has the capacity to swallow and could learn to eat food orally. Terri Schiavo is 41.

"If this were your daughter and you had a situation where the husband was with another woman [and] has fathered two children by her, it would at least raise the question as to whether or not he’s acting in the best interest of his wife," Smith said.

Although a handful of Democrats prevented its passage by unanimous consent, the bill is expected to receive considerable support from both parties.

One Democrat, Rep. James Oberstar of Minnesota, appeared at the news conference Saturday and. said the bill brings together people of "different" beliefs and is "carefully crafted."

"I think it's a fair resolution and it is narrowly targeted," Oberstar said.

Opponents of the bill contend that the situation is a private family matter and that Congress should not get involved. But Rep. Donald Manzullo, R.-Ill., said Sunday that the issue requires federal intervention.

“To say that Congress should not get involved in situations where the lives of people are involved means that this body should go home and just fold up and leave everything to the executive and judicial branches,” he said.

The bill, he said, is constitutional.

"The Constitution specifically gives power to Congress to determine jurisdiction of federal courts," Manzullo said. "We make that decision. ... That decision is not subject to judicial review."