Schiavo’s fate remains uncertain after new law

EDITOR’S NOTE: As Florida Baptist Witness goes to press late in the evening Mar. 21, a federal judge was still reviewing a request by Terri Schiavo's parents' attorney, David Gibbs, that their daughter's feeding tube be reinserted in light of the law passed by Congress the previous day. Please go to www.FloridaBaptistWitness.com for the latest news in this case.

TAMPA (FBW/BP)–An attorney for Terri Schiavo's parents asked a federal judge March 21 to order her feeding tube to be reinserted. The hearing concluded without the judge issuing an immediate ruling.

The hearing occurred hours after Congress passed a law giving Bob and Mary Schindler – Schiavo's parents – the opportunity to have the case reviewed in federal court. The law passed after midnight EST, and President Bush was awakened to sign it into law.

U.S. District Judge James Whittemore, an appointee of President Clinton, heard some two hours of arguments from both sides. Whatever he rules, it likely will be appealed.

Schiavo's feeding tube was pulled March 18 following an order of a Florida state court.

"We don't believe food and water is medical treatment," Schindler attorney David Gibbs III said outside the courthouse. "What we believe she is being denied is her fundamental right to life. She is being murdered in a barbaric fashion. She is being starved to death."

If the feeding tube is not reinserted, Schiavo, 41, will die of starvation and dehydration within a week or so.

In an extraordinary and historical action the U.S. House of Representatives passed legislation early Monday morning that could save Terri Schiavo’s life, and President Bush signed it into law. It passed at 12:42 a.m. EST time by a vote of 203-58.

The bill provides 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.

Bush signed the bill less than an hour after it passed the House, FOX News and CNN reported.

The White House issued a statement from the president: “Today, I signed into law a bill that will allow Federal courts to hear a claim by or on behalf of Terri Schiavo for violation of her rights relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. In cases 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. This presumption is especially critical for those like Terri Schiavo who live at the mercy of others. I appreciate the bipartisan action by the Members of Congress to pass this bill. I will continue to stand on the side of those defending life for all Americans, including those with disabilities.”

David Gibbs III, the Schindler’s attorney, a few minutes after President Bush signed the measure into law, told Florida Baptist Witness that his staff was awaiting the fax from the White House in order to present it to the federal court in Tampa.

“This is incredibly miraculous,” Gibbs said. “I am extremely proud of the United States Congress and our president. They demonstrated bold leadership to do the right thing and right now we are moving expeditiously to our federal court. We have to get moving along to get Terri some water and food tonight.”

Gibbs said the Schindlers are “good, excited, anxious, exhausted [and] still waiting.”

“Terri at this point is still starving to death, but good things are happening,” said Gibbs. “We are really racing around.”

Bobby Schindler Jr. in Washington D.C., told Florida Baptist Witness he observed the debate in the gallery of the House chamber.

“I’m at a loss for words. I don’t even know how to express how much gratitude I have for all of these wonderful Congressmen,” Schindler said. He is Terri’s younger brother and a science and math teacher at Tampa Catholic High School.

“I watched the debate and watched the vote. It almost surreal,” Schindler said. “After the Senate passed it late that this afternoon and we had to get over that one hurdle in the House, we didn’t know what was going to happen.”

Crediting many lawmakers for working hard to get information out, Schindler said Sen. Mel Martinez, R-Fla., and Rep. David Weldon, R-Fla., were extremely helpful in listening to his concerns and made him feel like “a part of the family.”

“Our family has been trying so hard to get the story out about Terri and her condition and finally it looked like people here in Washington wanted to know—and they listened and they were concerned and troubled and wanted to do something to help and obviously they did,” Schindler said.

According to Associated Press, Gov. Jeb Bush praised the actions of Congress. “We in government have a duty to protect the weak, disabled and vulnerable,” he said in a statement Monday. “I appreciate the efforts of state and federal lawmakers on both sides of the aisle who have taken this duty to heart.”

Supporters of the bill hope that a federal judge will order the re-insertion of Schiavo’s feeding tube, which was removed Mar. 18. The bill passed the Senate on a voice vote Palm Sunday afternoon. If the feeding tube is not put back in she will die of starvation and dehydration within a week or so.

“If prisoners on death row are guaranteed federal review of their cases, Terri Schiavo deserves at least as much consideration,” Joseph Pitts, R-Pa., said on the floor.

The bill had broad bi-partisan support in the House, with 156 Republicans and 47 Democrats voting for it. Voting against it were five Republicans and 53 Democrats. Because it was an expedited bill it required passage of two-thirds of the members present.

Rep. James Sensenbrenner, R-Wis., said during floor debate that “every life has purpose.”

“The measure of a nation’s commitment to the sanctity of life is reflected in its laws, and to the extent those laws honor and defend its most vulnerable citizens,” he said. “When a person’s intentions regarding whether to receive life-saving treatment are unclear, the responsibility of a compassionate nation is to affirm that person’s right to life.”

Opponents of the bill argued the matter should be left to the family. Rep. Robert Wexler, D-Fla., said Congress should make sure that “her will be respected and her will be carried out.” He also urged Congress to respect Florida’s “judicial independence.” Another Floridian, Democratic Rep. Debbie Wasserman Schultz, said, “We should not politicize this very personal family matter.”

While some doctors have said Terri Schiavo is in a persistent vegetative state, others have said she is in a minimally conscious state.

“No less than 14 independent medical professionals—including six neurologists—have said she is not in a persistent vegetative state,” Rep. Christopher Smith, R-N.J., said.

Sensenbrenner noted that Schiavo requires only a feeding tube, which he said is “not life support.”

“That’s simply requiring someone to have the nutrition and hydration they need as a living human being,” he said. “... To starve someone to death or to have them die of dehydration slowly is one of the most cruel and inhumane ways to die.”

Sensenbrenner also argued that animals in Florida have more protection than does Schiavo. In Florida, he said, a person can go to jail and be filed $5,000 if an animal is not fed. “In Florida, an animal has a higher right than this woman, and that’s a wrong priority, and this bill attempts to correct it,” he said.

House Majority Leader Tom DeLay, R.-Tex., put it more bluntly.

“A young woman in Florida is being dehydrated and starved to death,” DeLay said. “... If we do not act, she will die of thirst.”