Terri Schiavo case: Difference between revisions
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[[Image:Terri_Schiavo.jpg|frame|right|Terri Schiavo before her heart attack in 1990.]] |
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'''Theresa Marie Schiavo''' (née '''Schindler'''; born [[December 3]], [[1963]]), commonly known as '''Terri Schiavo''', is a severely [[Brain injury|brain-damaged]] [[United States|American]] woman from the state of [[Florida]], whose husband's efforts to remove her [[Gastric feeding tube|feeding tube]] have prompted a fierce debate over [[bioethics]], [[euthanasia]], [[guardianship]], [[federalism]], and [[civil rights]]. On [[March 18]], [[2005]], her feeding tube was removed for the third time. |
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Michael Schiavo is Mrs. Schiavo's [[Spouse|husband]] and [[legal guardian]]. He contends that he is carrying out his wife's wishes to not be kept alive in her current state. Mrs. Schiavo's parents, Bob and Mary Schindler, and her siblings, dispute Mr. Schiavo's position, saying that Mrs. Schiavo is "responsive" and in no discomfort, and that she would not wish to die. |
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The courts that have heard this case have all sided with Mr. Schiavo thus far, but her parents have vigorously appealed the courts' decisions and sought to prevent the cessation of life support. The [[Roman Catholic Church]], [[President of the United States|U.S. President]] [[George W. Bush]], [[Governor of Florida|Florida Governor]] [[Jeb Bush]], and many [[United States Republican Party|Republicans]] in the [[Florida Legislature]] and [[United States Congress|U.S. Congress]] have sided with Mrs. Schiavo's parents. Other organizations and people, such as the [[American Civil Liberties Union]] and some [[United States Democratic Party|Democratic]] legislators, have sided with her husband and guardian. |
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==Cause== |
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On the morning of [[February 25]], [[1990]], at approximately 5:30 AM, Mrs. Schiavo collapsed in her home in [[Florida]], resulting in irreversible [[brain damage]] from a lack of oxygen. According to her discharge summary from Humana hospital [http://www.terrisfight.org/documents/Humana%20Discharge%20Summary%20050990.pdf], Mrs. Schiavo suffered [[cardiac arrest]] and anoxic brain damage, accompanied by [[hypokalemia]] (an abnormally low blood level of potassium), seizures, respiratory failure, and an injured knee. The cause of her cardiac arrest was undetermined, but her low potassium was suspected. |
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At a malpractice trial (1992), a jury concluded that Schiavo suffered from [[bulimia]], which caused her chemical imbalance and cardiac arrest. Florida's Second District court upheld the finding that Schiavo suffered a cardiac arrest as a result of a potassium imbalance. |
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Mr. Schiavo first sought permission to remove his wife's feeding tube in November [[1998]]. Her feeding tube was removed first on [[April 26]], [[2001]], but was reinstated two days later on an appeal by her parents. |
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Since Mr. Schiavo's petitioning the court to remove his wife's feeding tube, questions about the cause of Schiavo's collapse have been raised by Schiavo's family, and by Dr. Hammesfahr, a neurologist they hired to examine her in 2002. A [http://www.zimp.org/stuff/bone.jpg bone scan] |
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[http://www.hospicepatients.org/dr-walker-t-schiavo-bone-scan-deposition.txt] done one year after her injury showed (according to the radiologist who evaluated it) that she had also suffered previous traumatic injuries to multiple ribs (on both sides), to both sacroiliac joints, to both knees, to both ankles, to several thoracic vertebrae, and to her right thigh, plus a minor compression fracture of the L1 vertebra. Mrs. Schiavo's family did not know of the existence of this scan until November, 2002. [[forensic pathology|Forensic pathologist]] [[Dr. Michael Baden]], has suggested that physical trauma, specifically a head injury, might have caused Mrs. Schiavo's condition,[http://www.cnsnews.com/ViewCulture.asp?Page=\Culture\archive\200310\CUL20031028a.html] though in a later interview[http://www.foxnews.com/story/0,2933,148756,00.html] he agreed the bulimia/hypokalemia explanation was possible. |
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Upon becoming aware of the bone scan report possibly suggesting abuse-related injuries, the Schindlers petitioned Judge Greer for a full evidentiary hearing to evaluate the new evidence. On [[November 22]], [[2002]] Judge Greer denied the motion, stating that the issue of trauma 12 years earlier was irrelevant to the current case[http://abstractappeal.com/schiavo/trialctorder11-02-scan.pdf]. |
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The [http://www.state.fl.us/cf_web/ Florida Department of Children and Families] (DCF) has begun an investigation of the abuse allegations. Previous investigations have found Mr. Schiavo innocent. ([http://www.miami.edu/ethics2/schiavo/wolfson%27s%20report.pdf] PDF Report) Moreover, the doctors who were the defendants in the 1992 malpractice lawsuit made no attempt to introduce any evidence suggesting that Mrs. Schiavo was battered as part of an affirmative defense to mitigate their responsibility for her cardiac arrest. |
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==Schiavo's condition== |
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Mrs. Schiavo's condition and prognosis are matters of dispute. The Schiavos' personal physicians, and all other doctors unconnected to either party, have since 1991 contended that she is in a [[persistent vegetative state]]. Patients in a persistent vegetative state (PVS) have severe [[brain damage]] and are in a state of "wakefulness without awareness." In many cases, including that of Schiavo's, a coma progressed to the vegetative state. Patients in a persistent vegetative state are usually considered to be unconscious and unaware. They may experience sleep-wake cycles, or be in a state of chronic wakefulness. They may exhibit some behaviors that can be construed as arising from partial consciousness, such as grinding their teeth, swallowing, smiling, shedding tears, grunting, moaning, or screaming without any apparent external stimulus. They are unresponsive to external stimuli, except, possibly, painful stimuli. |
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Mrs. Schiavo's parents claim that their daughter does ''not'' meet that definition. The only facts which appear not to be in dispute are that she is not in a [[coma]], she is severely brain damaged, and she is partially blind. Since her collapse, she has been fed through a [[gastric feeding tube]]. This is the [[life support]] mechanism around which the case revolves. Her parents and others argue that this single tube does not meet the definition of life support in a traditional sense, which usually includes [[circulatory]] and [[respiratory]] system support. Whether she could, instead, be spoon-fed is disputed. |
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Most of Schiavo's [[cerebral cortex]] has been completely destroyed, replaced by spinal fluid; Dr. Ron Cranford, a neurologist at the [[University of Minnesota]] assessed Schiavo's brain function in 2001 as part of a court-ordered assessment. He was quoted in ''Florida Today'' as saying "[Schiavo] has no electrical activity in her cerebral cortex on an EEG (electroencephalogram), and a CT (computerized tomography) scan showed massive atrophy in that region." [http://abstractappeal.com/schiavo/infopage.html] [http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20050318/NEWS01/503180350/1006] |
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Her parents claim that she smiles, laughs, cries, moves, and makes child-like attempts at speech, that she attempts to say "Mom" or "Dad" or "yeah" when they ask her a question. They claim that when they kiss her, she looks at them and sometimes "puckers up" her lips. They cite the testimony and affidavits of 33 physicians and therapists (including 15 neurologists), who, after reviewing video segments provided by her parents, believe that Mrs. Schiavo should receive further tests and/or would likely respond to therapy. However, only two of these physicians had access to her full medical history and examined her in person. Some of these physicians have claimed that there is a "strong likelihood that Mrs. Schiavo is in a 'minimally conscious state.'" There were six video segments provided by Schiavo's parents, totaling four minutes and twenty seconds in length (edited down from four and a half hours of videotaped interaction), and it is possible that the video selected for these segments represents moments where Mrs. Schiavo's behavior coincidentally seemed to be appropriate to what was going on around her. |
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Mr. Schiavo, and the doctors he has chosen to care for and evaluate her, such as [http://www.bioethics.umn.edu/faculty/cranford_r.shtml Dr. Ronald Cranford], contend that she is indeed in a persistent vegetative state, that her occasional apparent responses are actually reflex or random behavior common to PVS patients, and that therapy would be fruitless. Accordingly, Mr. Schiavo halted all therapy for her in late 1992. [http://abstractappeal.com/schiavo/trialctorder11-02.txt] |
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In 2002, a trial was held to determine whether or not any new therapy treatments would help Mrs. Schiavo restore any cognitive function. A new [[computed axial tomography]] scan (CAT scan) was done, as was an [[electroencephalography|electroencephalogram]] (EEG). |
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Five doctors were selected: two by Schiavo's parents, two by Michael Schiavo, and one by the court. These five doctors examined Terri Schiavo's medical records, brain scans, the videos, and Mrs. Schiavo herself. The physicians were divided in their conclusions. The two doctors selected by Schiavo's parents supported their conclusion; the two doctors selected by Schiavo's husband and the doctor appointed by the court supported Mr. Schiavo's position. Greer ruled with the latter that Mrs. Schiavo was in a PVS and was beyond hope of significant improvement. [http://abstractappeal.com/schiavo/trialctorder11-02.txt] |
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Florida's [[Florida District Courts of Appeal|Second District Court of Appeal]] reviewed all the evidence and upheld the trial court's decision, saying had they heard the case themselves they would have ruled the same as Greer. Some physicians, such as Dr. Peter Morin and Dr. Thomas Zabiega, both neurologists, say that no such diagnosis can reliably be made without more sophisticated tests such as an [[MRI]] or [[Positron emission tomography|PET]] scan.[http://www.nationalreview.com/script/printpage.asp?ref=/comment/johansen200503160848.asp] Judge Greer reviewed a six-hour tape of Schiavo and concluded that her vegetative condition was factual and not subject to legal dispute (see link 5, above). |
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Mrs. Schiavo could be evaluated with a PET scan in her current condition. However, an MRI cannot be done without first surgically removing experimental electrodes which were implanted within her brain in 1992, something that Mr. Schiavo has chosen not to do. [http://www.nationalreview.com/script/printpage.asp?ref=/comment/johansen200503160848.asp] |
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==Guardianship== |
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Under Florida law, Mr. Schiavo is Mrs. Schiavo's legal guardian, although her family is seeking his removal as guardian ostensibly so that they can assume responsibility for Mrs. Schiavo's care. To date, Mr. Schiavo has successfully fought those efforts in court. |
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In a [[September 27]], [[1999]] deposition, he told why he refused to turn over guardianship to Mrs. Schiavo's parents. He said it was, "because they put me through pretty much hell the last few years [with] the litigations they put me through [and] their attitude towards me because of the litigations. There is no other reason and that her parents wouldn't carry out her wishes."[http://www.zimp.org/stuff/contradictions.htm] |
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In an appearance on ABC's [[Nightline]] on March 15, 2005, he cited Mrs. Schiavo's parents' expressed willingness to keep her alive by any means necessary, including quadruple amputation, as a key reason for denying transfer of guardianship to the Schindlers.[http://abcnews.go.com/Nightline/story?id=584124&page=1] [http://www.miami.com/mld/miamiherald/news/columnists/fred_grimm/7426730.htm] |
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==Controversy== |
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The fundamental differences on both sides of the issue are focused mainly upon the disputed medical evidence presented by each side. Even though the courts have consistently ruled that, as her husband and legal guardian, Mr. Schiavo has the legal right to decide her medical treatment, her family members have nonetheless used every legal measure available to them to prevent the disconnection of her feeding tube. |
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Raising the issue of a possible conflict of interest is the fact that Mr. Schiavo stands to inherit the remainder of Mrs. Schiavo's malpractice settlement upon her death. Mr. Schiavo has publicly responded to this charge by claiming that, of the original $1,050,000 awarded in the malpractice suit, less than $50,000 is left, the rest having been spent under a judge's supervision on medical care for Mrs. Schiavo and the ongoing legal battle. He has also stated that, if he does receive this money, he will donate it to charity. |
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Mrs. Schiavo's family has been battling her husband over her fate since 1993. Although she never wrote a [[living will]] expressing a wish to refuse nutrition or medical treatment if disabled, Mr. Schiavo claims that he recalls conversations they had had which make him sure she would not want to continue living in such a state, and two of his relatives have supported that claim.[http://www.discovery.org/scripts/viewDB/index.php?command=view&id=1614] |
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However, her family disputes his recollections, claiming that Mrs. Schiavo is a devout [[Roman Catholic]] who would not wish to violate the Church's teachings on euthanasia by [[Patient refusal of nutrition and hydration|intentionally starving or dehydrating herself]] to death, and that she apparently never expressed such a desire to anyone in her own family or circle of friends. It was only after the courts awarded more than $1 million in legal settlements (mostly to cover the cost of her long term care and rehabilitation) that Mr. Schiavo first publicly recalled conversations in which his wife had expressed a wish to die rather than live in the condition in which she now finds herself.[http://www.hospicepatients.org/richard-pearse-jr-12-29-98-report-of-guardianadlitem-re-terri-schiavo.pdf] Her family also cites an affidavit by a woman with whom he had a relationship prior to those legal settlements, indicating that Mr. Schiavo told her repeatedly that he did not know what Mrs. Schiavo's wishes would be for her care [http://www.zimp.org/stuff/AffidavitTCapone050901.pdf]. |
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Mrs. Schiavo's father, [[Robert Schindler]], has stated that Florida [[George Greer|Judge George W. Greer]], who has pronounced the most recent decisions in the case, and who also appointed himself Mrs. Schiavo's [[guardian ad litem]] (which Mrs. Schiavo's family says was illegal), has never called her into the courtroom or visited her to observe her condition first-hand. Schindler feels that if his daughter dies in accordance with the court order, that it will be an instance of "judicial homicide". |
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Mr. Schiavo says that Mrs. Schiavo would not have wanted to live "as a vegetable," and that he is fighting for her "right to die." As the legal [[guardian]] of Mrs. Schiavo, he has placed limits on the time her family is allowed to visit her and placed Mrs. Schiavo in a [[hospice]] |
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Politically this has roughly divided along traditional political lines. Publications such as the ''[[National Review]], [[Weekly Standard]],'' and ''[[Wall Street Journal]]'' have vocally supported the Schindlers' position to keep the feeding tube in place. ''The [[New York Times]]'' has supported the rights of Michael Schiavo to determine what is best for Mrs. Schiavo. [[Peggy Noonan]] has predicted that the Republicans will face fallout from their own base if they fail in keeping Schiavo alive, mainly because the controversy is much more important to social conservatives. [http://www.opinionjournal.com/columnists/pnoonan/?id=110006442] |
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Republicans House Representative [[Tom DeLay]] of Texas and Senator [[Bill Frist]] of Tennessee have spoken in favor of keeping Mrs. Schiavo alive, as has President George W. Bush. Democratic Senators [[Tom Harkin]] and [[Kent Conrad]] has also supported federal intervention in the Schiavo case. Democratic House Representative [[Henry A. Waxman]] has been very vocal in protesting Federal legislative efforts to intervene. |
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As the drama of the events have unfolded, the media storm regarding the controversy has increased. Conservative radio hosts, such as [[Michael Medved]], [[Rush Limbaugh]], and many others have been increasingly commenting on these matters, as have religious commentators such as [[Rabbi Daniel Lapin]], [[The 700 Club]], and other more conservative religious groups. Pro-life celebrities, such as [[Mel Gibson]] and [[Patricia Heaton]] have been also speaking out on it. [http://www.feministsforlife.org/news/PHSchiavo3-18.htm] Liberal commentators such as Harvard law professor [[Laurence Tribe]] have been promoting the cause of non-intervention into the decisions of Mr. Schiavo regarding his wife. |
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==Legal involvement and "Terri's Law"== |
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In [[2004]], Mr. Schiavo won a court case to have his wife's feeding tube removed, which would have resulted in her death by [[dehydration]]. Lack of water intake causes [[electrolyte]] imbalance which causes a heart attack ([[Myocardial infarction]]) which results in [[cardiac arrest]] producing [[death]]. Six days later, the [[Florida]] Legislature, in emergency session, passed "[http://news.findlaw.com/cnn/docs/schiavo/flsb35e102103.pdf Terri's law]", giving Florida [[Governor]] [[Jeb Bush]] the authority to intervene in the case. Governor Bush immediately ordered the feeding tube reinserted. |
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During the six days that Schiavo's feeding tube was removed, her husband prohibited any attempt to feed her orally, and refused to allow a [[priest]] to place a small part of a sacramental wafer on her tongue[http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=35156] during [[Holy Communion]]. |
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On [[May 19]], [[2004]], Florida Judge W. Douglas Baird overturned the law saying that it "summarily deprived Florida citizens of their right to privacy." |
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Governor Bush appealed the ruling to the [[Florida Supreme Court]] and on [[September 23]], [[2004]] they reached a unanimous decision [http://news.findlaw.com/cnn/docs/schiavo/flsct92304opn.pdf], ruling that the legislature and executive branches of government unconstitutionally intervened in a judicial matter (see [[Separation of powers]]) and that "Terri's Law" is an "unconstitutionally [[retroactive legislation]]"[http://abstractappeal.com/schiavo/trialctorder05-04.txt]. The appellants immediately appealed to the [[United States Supreme Court]]. |
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On [[January 24]], [[2005]], the U.S. Supreme Court refused to hear the case. |
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==Recent developments== |
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On [[February 25]], [[2005]], [[George Greer|Judge Greer]] ruled that Mr. Schiavo may order the feeding tube removed on [[March 18]]. The Florida Department of Children and Families is also attempting to intervene by investigating allegations of abuse by Mr. Schiavo. This could have resulted in a 60-day delay before the feeding tube was removed, but the request for the delay was denied on [[March 10]]. Similarly, their request to be permitted to attempt to spoon-feed Mrs. Schiavo if the feeding tube is removed was denied on [[March 8]]. |
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Members of the Florida Legislature were considering a bill that would make removing food and water from patients in a persistent vegetative state illegal without a [[living will]]. [http://news.yahoo.com/news?tmpl=story&u=/ap/20050310/ap_on_re_us/brain_damaged_woman_2] Although this bill was passed by the Florida House 78-37, the Florida Senate hours later defeated a different measure 21-16. [http://www.news-press.com/apps/pbcs.dll/article?AID=/20050318/NEWS01/503180459/1002] |
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Congress is also considering a bill to prevent Schiavo's death, called "The Incapacitated Person's Legal Protection Act" ([http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.01151: H.R.1151], [http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.00539: S.539]). The primary sponsor of the House bill, H.R. 1151, is Florida [http://weldon.house.gov/ Rep. Dave Weldon], a physician. Dr. Weldon says that medical evidence "prove[s] Terri is not in a vegetative state."[http://weldon.house.gov/News/DocumentSingle.aspx?DocumentID=7156], although he hasn't examined her. |
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On [[March 11]], media tycoon [[Robert Herring (tycoon)|Robert Herring]] offered US$1 million to Mrs. Schiavo's husband if he agrees to sign all rights to her parents. The offer expired on [[March 14]], [[2005]], four days before her feeding tube was removed. Robert Herring is a supporter of [[embryonic stem cell research]], who believes her condition could be curable in the future. Mr. Schiavo's attorney, George J. Felos, stated that his client found the offer "offensive" and that he had already rejected other monetary offers, including one of US$10 million, to sign over his rights to his wife. [http://news.bbc.co.uk/2/hi/americas/4339033.stm] |
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Mrs. Schiavo's feeding tube was removed at 1:45 p.m. EST on [[March 18]][http://www.msnbc.msn.com/id/7212079/]. Earlier in the day, [[U.S. Senate]] majority leader [[Bill Frist]] (R-TN) announced that she will be called to testify before the Senate's Health, Education and Labor Committee at a [[March 28]], [[2005]] hearing. Frist, a practicing doctor, serves on the committee. Republican [[U.S. House of Representatives|congressmen]] [[Dennis Hastert]], [[Tom DeLay]], and [[Tom Davis]] opened a congressional inquiry of the House Government Reform Committee, to take place in Clearwater on [[March 25]], and issued subpoenas for Mrs. Schiavo, Mr. Schiavo, and several hospice workers. According to the lawmakers, harming Mrs. Schiavo or preventing her from appearing at the hearings would be a violation of federal law. [http://apnews.myway.com//article/20050318/D88TFV3O0.html] Judge Greer responded by defying the congressional subpoenas, and letting the order stand which gave Mr. Schiavo permission to remove his wife's feeding tube. The judge said he saw no reason to change his earlier permission allowing Schiavo's husband to remove her feeding tube. Greer ordered that the tube be removed immediately, per Mr. Schiavo's request. |
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On [[March 19]], [[2005]], congressional leaders announced that they were drafting a bill which would order the reinsertion of Schiavo's feeding tube and allow a federal court to review the case. "We should investigate every avenue before we take the life of a living human being," said [[U.S. House of Representatives|House]] Majority Leader [[Tom DeLay]], R-[[Texas]]. "That's the very least we can do for her." [http://story.news.yahoo.com/news?tmpl=story&u=/ap/20050319/ap_on_go_co/brain_damaged_woman_congress_7] |
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Deliberation continued during an unusual Sunday House of Representatives session on [[March 20]], [[2005]]. When it came to a vote, the motion was passed 203-58, with 174 Representatives not present on the floor at the time of the vote. The vote took place at 12:41 a.m. on Monday [[March 21]], 2005. |
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In the very early hours of [[March 21]], it was announced that a compromise was passed. Congress approved emergency legislation to let Terri Schiavo's parents ask a federal judge to prolong their daughter's life, capping days of emotional debate over who should decide life and death. President Bush flew from vacation in [[Texas]] back to Washington to sign the bill, although he could have signed it as easily in Texas. The House passed the bill on a 203-58 vote after calling lawmakers back for an emergency Sunday session for debate that stretched past midnight. The Senate approved the bill Sunday by voice vote. Only three Senators, [[Bill Frist]] (R-TN), [[Rick Santorum]] (R-PA), and [[Mel Martinez]] (R-FL), were present. The bill passed unanimously, 3-0 with 97 Senators not present. About a half hour after it passed The House, President Bush signed the bill at 1:11am [[March 21]]. |
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Mrs. Schiavo's parents, Bob and Marie Schindler, filed a request for an emergency injunction by email with the federal district court in Tampa on [[March 21]]. The injunction would require the feeding tube to be reinserted until the case was heard by the federal court. U.S. District Court Judge [[James D. Whittemore]] was assigned to the case. He sent a message back to Mrs. Schiavo's parents saying he was reviewing the filings in the case. |
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==External links== |
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* [http://abstractappeal.com/schiavo/infopage.html#timeline Time line and legal decisions] |
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* [http://www.terrisfight.org/ Online home of the Terri Schindler-Schiavo Foundation] |
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* [http://abstractappeal.com/schiavo/infopage.html Terri Schiavo Information Page] |
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* [http://www.blogsforterri.com/ Blogs For Terri] |
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* [http://www.hospicepatients.org/richard-pearse-jr-12-29-98-report-of-guardianadlitem-re-terri-schiavo.pdf Report of Dr. Pearse, guardian ad litem, December 1998] ''(temporary guardian ad litem for 6 months in 1998)'' |
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* [http://abstractappeal.com/schiavo/WolfsonReport.pdf Report of Dr. Wolfson, guardian ad litem appointed as a result of "Terri's Law", December 2003] ''(temporary guardian ad litem for 30 days in 2003)'' |
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* [http://news.findlaw.com/cnn/docs/schiavo/flsb35e102103.pdf Terri's Law] |
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* [http://www.law.fsu.edu/library/flsupct/sc04-925/op-sc04-925.pdf Florida Supreme Court Decision overturning Terri's Law as unconstitutional] |
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* [http://www.baltimoresun.com/news/opinion/bal-ed.schiavo25feb25,1,3462084.story?coll=bal-opinion-headlines&ctrack=1&cset=true Free Terri Schiavo](Registration required) - ''op-ed advocating Michael Schiavo's point of view'' |
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* [http://www.nationalreview.com/script/printpage.asp?ref=/comment/johansen200503160848.asp Starving for a Fair Diagnosis] - ''op-ed concerning Terri Schiavo's diagnosis of PVS'' |
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* ''The Village Voice'' Four-part exposé: [http://www.villagevoice.com/news/0346,hentoff,48502,6.html ''Village Voice'' Part 1], [http://www.villagevoice.com/news/0347,hentoff,48738,6.html ''Village Voice'' Part 2], [http://www.villagevoice.com/news/0348,hentoff,48917,6.html ''Village Voice'' Part 3], [http://www.villagevoice.com/news/0349,hentoff,49123,6.html ''Village Voice'' Part 4]; Nat Hentoff frames the case as one over the rights of those with disabilities. |
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* [http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=40641 A right to live ... not to be killed] - ''op-ed supporting the Schindler family version of events'' |
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[[Category:1963 births|Schiavo, Terri]] |
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[[eo:Terri SCHIAVO]] |
Revision as of 00:29, 22 March 2005
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