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COURT REPORTER
THE LAW AND TERRI SCHIAVO [by James Kilpatrick] In the sad case of Terri Schiavo, there are no good answers. Florida’s highest court has authorized the best of the bad ones: Pull the tubes and let the young woman die. The relief act that President Bush signed on Monday is an affront to the rule of law.
By this time, every sentient American is
tinue providing Theresa with food and vital
her behalf in the U.S. District Court in Tampa.
familiar with the facts. Theresa “Terri”
fluids. Six months later, a trial court ruled
On what meat does this our Congress feed?
Schindler was born in Pennsylvania on Dec.
that the lawmakers and the governor had
3, 1963. In November 1984 she married
overstepped their powers. Last September,
This jerry-built act gives the U.S. District
Michael Schiavo. In 1986 the couple moved to
Florida’s Supreme Court unanimously af-
Court power to rule “without delay,” regard-
Florida. On Feb. 5, 1990, their lives irrevoca-
firmed that decision. Speaking through Chief
less of state proceedings, on the merits of
bly changed. She suffered a form of cardiac
Justice Barbara Pariente, the court found
the case as a whole. However, “Nothing in
arrest and lapsed into unconsciousness. For
clear and convincing evidence that Theresa
this act shall be construed to create substan-
the next three years her parents and her
is in a persistent vegetative state. If she were
tive rights not otherwise secured by the Con-
husband enjoyed an amiable relationship, but
competent to make her own decisions, “she
stitution and laws of the United States.” This
eventually that collapsed into bitter recrimi-
would elect to cease life-prolonging proce-
is hokum. Neither may the act be construed
nations. Terri’s fate has been in litigation
dures.” Neither the governor nor the legisla-
“to confer additional jurisdiction on any claim
ever since, as her parents have sought to
ture could set aside the court’s decree.
related to assisting suicide.” Finally, “Noth-
asked the courts to let her die.
Said the chief justice: “The continuing vital-
with respect to future legislation, including
ity of our system of separation of powers
the provisions of private relief bills.” This is
Florida judges so far have sided with the
precludes the other two branches from nul-
worse than hokum. Of course a precedent
husband. In 1996, a guardianship court
lifying the judicial branch’s final order. If the
has been created, and a bad one it is.
explained:
legislature, with the assent of the governor,
ing in this act shall constitute a precedent
keep her technically alive, and Michael has
can do what was attempted here, the judicial
To some of us old states’-righters, the life
“The evidence is overwhelming that Theresa
branch would be subordinated to the final
or death of Terri Schiavo is simply no proper
is in a permanent or persistent vegetative
directives of the other branches ...
business of Congress or the federal courts. Congress doubtless has power to regulate
state. She has cycles of apparent wakefulness and apparent sleep without any cogni-
“Also subordinated would be the rights of
the appellate jurisdiction of the Supreme
tion or awareness. ... CAT scans of her brain
individuals, including the well-established
Court, but it has no power to overrule the
show a severely abnormal structure. Much
right to self-determination, No court judg-
orders of a state supreme court. Florida’s
of her cerebral cortex is simply gone and has
ment could ever be considered final and
judges have listened compassionately to
been replaced by cerebral spinal fluid.
no constitutional right secure, because the
the parents’ dramatic appeal, and they have
precedent of this case would hold to the con-
found in the husband’s favor. No substantive
“Medicine cannot cure this condition. Unless
trary. Vested rights could be stripped away
federal question remains. Let the curtain fall.
an act of God, a true miracle, were to re-cre-
based on popular clamor.” (Letters to Mr. Kilpatrick should be sent by
ate her brain, Theresa will always remain
e-mail to kilpatjj@aol.com.)
in an unconscious, reflexive state, totally
With Monday’s emergency legislation in
dependent upon others to feed her and care
Congress, this sad chronicle presumably will
for her most private needs. She could remain
enter its final chapter. The act just signed by
in this state for many years.”
the president, titled, “An Act for the Relief of
DICATE
the Parents of Theresa Marie Schiavo,” is a
This feature may not be reproduced or dis-
COPYRIGHT 2005 UNIVERSAL PRESS SYN-
The parents appealed. More litigation
legislative abomination. The bill was cobbled
tributed electronically, in print or otherwise
ensued. In October 2003, Gov. Jeb Bush and
together without hearings. It is a throwback
without the written permission of uclick and
the state legislature intervened with orders
to the bad old days of legislative privilege. It
Universal Press Syndicate.
effectively commanding a hospice to con-
gives standing to the parents to bring suit on
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