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Florida Effort To Keep Schiavo Alive Hits Roadblock

House Approves Bill; Proposal Fails In Senate

POSTED: 12:01 pm EST March 17, 2005
UPDATED: 6:19 pm EST March 17, 2005

Working on at least four fronts, lawmakers and lawyers in Florida and in Washington raced to prevent the removal of a brain-damaged Terri Schiavo's feeding tube but ran into opposition Thursday as the hours slipped away.

Terri Schiavo
Under court order, the feeding tube was set to be removed at 1 p.m. Friday, in what could be the final act in the long-running right-to-die drama.


Images: Dozens Protest Removal Of Feeding Tube
Discussion: Share Your Thoughts On The Case
Survey: Who Should Decide Terri Schiavo's Fate?
Resource: Create A Living Will

The Florida House passed a bill 78-37 to block the withholding of food and water from patients in a persistent vegetative state who did not leave specific instructions regarding their care. But hours later, the Senate defeated a somewhat different measure 21-16, raising doubts that lawmakers could reach a compromise in time.

"The last vote was a fairly emphatic statement that the Senate does not wish to go farther," said Sen. Rod Smith, D-Gainesville.

As part of the last-minute flurry of activity, Congress was considering legislation to keep the feeding tube in place, Schiavo's parents appealed to the U.S. Supreme Court, and the Florida judge who approved the withdrawal of food and water denied a request from the state to keep the woman alive. The state appealed that decision to the Florida Supreme Court.

"Everything is a longshot," said David Gibbs, attorney for Schiavo's parents, Bob and Mary Schindler.

Republican Gov. Jeb Bush has strongly urged the Legislature to pass a bill that would save Schiavo, as it did in 2003. That law allowed Bush to order doctors to restore Schiavo's feeding tube six days after it had been removed. But that law was later declared unconstitutional by the Florida Supreme Court.

Bush acknowledged Thursday that state legislation to intervene was stymied.

"The bill is certainly not dead, but it does appear that they're having some difficulty," he said.

Schiavo suffered severe brain damage in 1990 when her heart stopped because of a chemical imbalance, and court-appointed doctors say she is in a persistent vegetative state. Her husband, Michael Schiavo, says she told him she would not want to be kept alive artificially. Her parents dispute that, and say she could get better.

Doctors have said it could take a week or two for Schiavo to die once the tube that delivers water and nutrients is removed.

Pinellas Circuit Court Judge George Greer denied a request Thursday from the Department of Children & Families to delay the removal of the feeding tube while the agency investigates allegations Terri Schiavo was abused.

The judge said the agency was not a party to the legal fight over Terri Schiavo; a state appeals court has also denied the agency's request for a stay.

Late Wednesday, the U.S. House passed legislation that would delay the removal of the feeding tube by moving the case to federal court. Federal judges have twice turned down efforts by the parents to move the case out of Florida courts, citing a lack of jurisdiction.

But Senate Democrats blocked the bill Thursday, and Senate Majority Leader Bill Frist, R-Tenn., acknowledged that his own Republicans were not likely to agree to ultimately send the House legislation to President Bush for his signature.

Frist said he would later try to pass a separate Senate bill and get it to the House before it leaves for its Easter recess Friday.

"If we don't act or if somebody does not act, a living person who has a level of consciousness, who is self-breathing, will be starved to death here in the next two weeks," Frist said.

The White House was cautious Thursday not to comment on any specific legislation. Yet in a statement, President Bush left little doubt where he stands.

"The case of Terri Schiavo raises complex issues," he said. "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."

Also, Schiavo's parents filed an emergency motion at the U.S. Supreme Court to stop the removal of the feeding tube so lower courts could consider whether their daughter's religious freedom and other rights have been violated.


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