U.S. Lawmakers Pass Legislation Keeping Terri Schiavo's Case Alive
by Jenni Parker and Bill Fancher
March 22, 2005
(AgapePress) - Pro-family advocates are applauding an overnight move by Congress to pass legislation aimed at saving Terri Schindler-Schiavo's life. Early Monday, President Bush signed a bill into law that allowed the controversial case to move into federal court. Terri's parents, Bob and Mary Schindler, have asked U.S. District Judge James Whittemore in Tampa, Florida, to order their daughter's feeding tube reinserted. The judge did not issue a ruling immediately after the two-hour hearing and has not indicated so far when he might act on the couple's request. The family's lawsuit alleges that Terri Schiavo's rights have been violated in that her religious beliefs have been infringed upon, that the removal of the feeding tube violated her rights, and that she was not provided independent legal counsel to represent her interests.
President George W. Bush applauded Congress for its dramatic, bipartisan legislative effort over the weekend -- an effort that has enabled the Schindlers to take their case before a federal court. During a Social Security event in Arizona, the President commented on the Schiavo matter, calling it "a complex case with serious issues." Still, he added, "in extraordinary circumstances like this, it is wise to always err on the side of life."
Pro-lifers across the U.S. are joining President Bush in commending the lawmakers' weekend actions. Don Wildmon, founder and chairman of the American Family Association, issued a statement praising the government leaders who acted so expeditiously in the hopes of saving Schiavo's life. In it, the pro-family leader remarked that the Schiavo case is one that promises to have unprecedented long-term impact.
"We applaud the U.S. Congress and President Bush for working quickly through the night to protect the life of a vulnerable, disabled woman condemned to die by starvation and dehydration," Wildmon stated. He added that the hearts of AFA and its supporters "go out to Terri Schiavo and her parents, as her fate now lies in the hands of a federal judge who is hearing arguments on whether she has a legal right to live."
According to the AFA chairman, although this is a battle for Terri's life, there is more at stake in this matter than the life of one woman. If Michael Schiavo and his supporters win their case, the pro-family leader warns, and if the "right-to-die" proponents succeed in ending Terri's life simply because -- according to their standards -- she does not enjoy a certain, prescribed "quality of life," then the frail, the elderly, and other vulnerable members of society -- perhaps even children born with serious physical problems -- could soon become endangered.
"As Christians who cherish the life that God has given us," Wildmon asserts, "we must stand strong with Terri at this critical hour to ensure no court or group is given the power to take life away from innocent people."
Innocence -- it has been an important distinction for pro-lifers, some of whom argue that Schiavo has had less consideration and protection from the U.S. court system than if she had been a convicted criminal on death row.
As James Dobson of Focus on the Family points out, "Terri Schiavo has done nothing to deserve the death sentence she has been handed by Circuit Court Judge George Greer. She is a disabled woman guilty of nothing more than marrying a man who has not taken seriously his vows to love and protect her for as long as they both shall live."
Curbing Judicial Activism With Congressional Action
Dobson was incensed at what he called Judge Greer's "defiance" last week when the judge instructed Michael Schiavo to ignore federal subpoenas Congress had issued in a bid to stave off removal of Terri Schiavo's feeding tube. The Focus on the Family founder says Greer has for five years "been on a quest to use his authority to end her life," and if Congress had allowed the judge's "arrogant ruling" to stand, he would have finally succeeded.
But Dobson is among several of Terri's supporters who have been relentlessly urging lawmakers not to let the judge's decision stand. In a statement last Friday, the day the judge's lethal order was carried out, the chairman of Focus on the Family commented that U.S. lawmakers "must continue to work to ensure that the weakest among us, who cannot speak for themselves, have the same legal rights and protections that even the most heinous criminals are afforded."
Tony Perkins, president of the Family Research Council, has also been encouraging federal lawmakers to intervene in the Schiavo case for some time now. He feels that, apart from the important goal of protecting the life of Terri Schiavo and others like her, U.S. lawmakers have long needed to rein in federal judges who push their own radical political agendas by legislating from the bench. "I think it's time that someone with the proper authority -- and Congress has that authority -- finally said 'No' to the courts," the FRC president says.
Although members of Congress are often portrayed as unfeeling and unconnected, Perkins feels the Schiavo case has brought several of the good people on Capitol Hill to the forefront. "As busy as their routine agenda is, before going home to their families they took the time to try and help," he says. But now, the pro-family spokesman claims Michael Schiavo is "going after" these conscientious civil servants by hinting that their recent action may open the door for government intervention in other such cases.
During a "Good Morning America" interview on Monday, Schiavo commented on the passage of the "Schiavo Bill," saying this was a sad day for the nation because now the U.S. government "is going to come in and trample all over your personal family matters."
But to that, Perkins responds, "Let us hope and pray that they do so -- for the facts are not on Michael Schiavo's side." The pro-family leader feels there are many things about this family affair that warrant official investigation and -- yes -- even official intervention.
The Case Against Michael Schiavo's Guardianship
Recapping the facts, the FRC spokesman points out that Terri Schiavo collapsed under mysterious circumstances, suffering a brain injury. Since then, he notes, she has never had the full benefit of aggressive treatment that the settlement of her malpractice case entitled her to receive. (In fact, according to another source, after Michael Schiavo was awarded $800,000 for his wife's rehabilitation and lifetime care and $640,000 for his loss, he had a do-not-resuscitate order placed on her chart and has repeatedly denied her treatment for infections.)
Other friends of Terri share Perkins' concerns. Actress-activist Patricia Heaton feels it is obviously imprudent to leave Terri's life in the hands of a man who has a vested interest in her death. The Honorary Chair of Feminists for Life of America recently stated, "A husband should not be granted absolute control over his wife's fate, especially a disaffected husband with dubious motives." Meanwhile, a University of California-Los Angeles psychiatrist has even gone so far as to postulate that Michael Schiavo could be a wife-abuser. Dr. Carole Lieberman of U.C.L.A.'s Neuropsychiatric Institute commented over the weekend that Terri's estranged spouse fits the same profile shared by O.J. Simpson and Scott Peterson.
All speculations aside, however, many analysts feel the facts of the Schiavo case raise serious conflict-of-interest issues. Michael Schiavo is the sole inheritor of Terri's insurance money. He refuses to divorce her, even though he now lives with another woman and has had two children with her. He testified in a malpractice suit (which he filed) 15 years ago that he loved his wife and was going to spend the rest of his life with her.
But for the last few years Michael Schiavo has maintained that Terri told him she would not want to have "extraordinary care" if she were ever incapacitated. So, since he is recognized as the person entitled to speak for Terri and make decisions for her, in effect, the court is complying with the estranged husband's desire to terminate his spouse's life based primarily on his testimony that she would not want to live in her present state.
Tony Perkins feels the many aspects of the Schiavo case that raise red flags should be explored before any "contract with death" is enforced. Apart from the fact that providing food and water can hardly be considered "extraordinary care," he asserts in this case, "the details prompting serious suspicion are endless and should be enough to grant the family who wants to care for their loved one the right to keep her alive with their hard work, sacrifice, and compassion."
Although the FRC spokesman feels the legal system has not helped the Florida woman much up to this point, he remains hopeful -- especially now that the Congress of the United States has passed legislation to save Terri's life. Perkins is commending lawmakers in both houses who refused to "stand idly by while an innocent woman is starved and dehydrated to death before our eyes," and who agree with Terri Schiavo's family and supporters that disabled Americans deserve better.
