Terri's life
A Times EditorialThanks to the courage of 21 state senators, the Legislature is less likely to impose its will upon Terri Schiavo and other Floridians in her situation.
Published March 18, 2005
Twenty-one members of the Florida Senate bravely took a stand Thursday against further meddling in the Terri Schiavo case. They voted against an attempt to trigger another state court review and sent a clear message: Lawmakers should not interfere with Schiavo, whose feeding tube is scheduled to be removed today, or with other Floridians who have made clear their end-of-life wishes.
There were no such profiles in courage in Washington. The U.S. Senate decided it knew more than all of the medical experts and state judges who have examined Schiavo's tragic situation, approving a bill that would have enabled her parents to seek a reprieve in federal court. Florida's senators, Republican Mel Martinez and Democrat Bill Nelson, led this absurd crusade, and the arrogance and ignorance was bipartisan. Senate Majority Leader Bill Frist, a Tennessee Republican and a doctor, claimed he could tell by watching a video that Schiavo is not in a persistent vegetative state and ignored the testimony of experts who actually examined her. He also claimed she has not had a CAT scan. In fact, brain scans show parts of Schiavo's brain have atrophied and been replaced by spinal fluid.
But timing is everything, and the U.S. House did not take up the Senate bill before leaving for Easter recess. Now members of Congress have the perfect cover without causing any damage; they can all tell conservative groups most outraged about the Schiavo case that they tried to help but that the other chamber wouldn't cooperate.
Back in Tallahassee, it took the state Senate to bring some measure of reasonableness to the debate. Senators from both political parties asked smart, well-informed questions. Sen. Dan Webster, R-Winter Garden, offered a narrowly worded amendment that he said would not affect anyone with a living will or other written instructions, or anyone not in a persistent vegetative state. He said it would not affect anyone in a persistent vegetative state like Schiavo but whose wishes to avoid a feeding tube were carried out by a guardian, proxy or health care surrogate. But he was less clear about precisely who could trigger another court review in a case like Schiavo's, where a judge has ordered the removal of the tube. It also was unclear how a judge would apply a higher standard of proof in determining the patient's wishes about feeding tubes.
That uncertainty resulted in the amendment's defeat, 16-21. It was the correct decision, even if the number of patients affected would have been greatly reduced. Despite the lack of clarity, Senate President Tom Lee, R-Brandon; Sen. Mike Fasano, R-New Port Richey; and Sen. Jim Sebesta, R-St. Petersburg, voted for the amendment. Sens. Nancy Argenziano, R-Dunnellon; Dennis Jones, R-Treasure Island; and Les Miller, D-Tampa, had the backbone to vote against the amendment. They should continue to stand strong.
The state House was less reasonable, approving a bill that would make it virtually impossible to disconnect a feeding tube from Schiavo or anyone else in a persistent vegetative state who has no living will or other written instructions. It unconstitutionally infringes upon the privacy rights of Floridians to make end-of-life decisions and tries to undo decisions by families and courts that already have been made. It was an undignified debate, with supporters comparing Schiavo's situation unfavorably to the way the state treats livestock and convicted murderers.
From the Tampa Bay area, five Republican House members had the fortitude to vote against the bill: Reps. Tom Anderson of Dunedin, Charles Dean of Inverness, Everett Rice of Indian Shores, David Russell of Spring Hill and Speaker Pro Tem Leslie Waters of Seminole. Their independence is commendable and refreshing.
Thanks to 21 senators, the chances are more favorable that the Legislature will not barge into the Schiavo situation. But there are plenty of lawmakers who are determined to impose their will on her and countless other Floridians, and they could make another run at it. Even if Schiavo's feeding tube is removed this afternoon, pressure from outside groups to have it reconnected will increase through the weekend.
Despite considerable misinformation about Schiavo's condition and the clarity of her wishes, more state lawmakers are beginning to understand they have no business interfering in these difficult end-of-life decisions. They need to summon the courage to continue to stand firm.