Right-to-die Judgment Delayed

A federal judge in Tampa Florida was yesterday due to hear the case of Terri Schiavo, a severely brain-damaged woman, after George Bush and the US Congress intervened overnight to prevent a hospital allowing her to die.
A federal judge in Tampa, Florida, yesterday failed to make an immediate ruling in the case of Terri Schiavo, a severely brain-damaged woman, following overnight intervention by George Bush and the US Congress to try to prevent a hospital from allowing her to die.

After a two-hour hearing, district judge James Whittemore gave no indication of when he might rule on the case. Legal experts predicted the case would go to the supreme court in Washington.

An ambulance was standing by at the hospice where Ms Schiavo is being cared for, ready to take her to hospital to have her feeding tube reinserted if the federal court overturns last Friday's state court judgment ordering the tube's disconnection. Yesterday was Ms Schiavo's third day without the tube she needs to stay alive.

David Gibbs, a lawyer for Ms Schiavo's parents, Bob and Mary Schindler, urged the court to decide fast. "If this court does not act quickly, the entire litigation will be mooted because Terri will die," he said.

In a reflection of the political stakes behind the case, President Bush flew to Washington from his Texas ranch on Sunday to sign a congressional resolution referring the case to the federal courts.

After an extraordinary ses sion of the House of Representatives on Sunday night, the president was woken at the White House just after 1am yesterday and signed the bill outside his bedroom. He said later: "Democrats and Republicans in Congress came together last night to give Terri Schiavo's parents another opportunity to save their daughter's life. This is a complex case with serious issues, but in extraordinary circumstances like this, it is wise to always err on the side of life."

Ms Schiavo, 41, has been in a "persistent vegetative state" since a heart attack in 1990 starved her brain of oxygen. The state court ruled that her feeding tube should be removed after medical testimony that her cerebral cortex had atrophied, and that her only movements were reflexes triggered by the brain stem.

Ms Schiavo's fate has split her family. Her husband, Michael, has long called for her to be allowed to die, while her parents insist she communicates with smiles and facial expressions and could recover.

The case has become a rallying point for Christian conservatives who believe that the same sanctity-of-life issues are in play as in abortion issues.

The House of Representatives voted by 203 to 58 to approve a bill referring the case to the federal judicial system. Its decision was quickly backed by senators.

Democrats and Mr Schiavo say the intervention is a violation of the constitutional separation of powers. "This is ... a sad day for everyone in this country," Mr Schiavo told ABC television.

By Guardian Unlimited © Copyright Guardian Newspapers 2008
Published: 3/21/2005
 
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