Friday, March 18, 2005

Terri Schiavo's feeding tube has been removed

A Florida judge today cleared the last hurdle to removing the feeding tube from Terri Schiavo, a brain-damaged woman who is unable to feed herself. Without the tube, Terri will slowly starve to death. ABC News says that CNN reports that Terri's sister says the tube has already been removed.
 
On a radio news report I heard today, Sen. Tom Delay said that Senate Republicans would work through the weekend to keep Terri alive. But that was before the tube had actually been removed, and once it's out (as it seems to be) then getting it back in will be more difficult than keeping it in would have been. Congressional Republicans even subpoenaed Terri in a bid to keep the tube in. Says ABC,

Congressional leaders issued the subpoenas after failing to enact legislation allowing federal courts to review the case. Through five years of hearings and appeals, the Florida courts have ruled in Michael Schiavo's favor and the U.S. Supreme Court has refused three times to intervene.

Michael Schiavo's attorney, George Felos, said the U.S. Congress has no authority in the case.

"The state does not own Mrs. Schiavo's body and Congress cannot simply order her to remain alive contrary to her medical treatment wishes and court order," Felos said.

Well, Mr. Felos seems confused to me. I agree that the subpoena ploy was quite a stretch, but what the House's legislation would have done is permit Terri's parents to seek relief in federal court. Under the Constitution, the Congress has the authority to establish the jurisdiction of federal courts, so despite Mr. Felos's protestation, the Congress was not trying to assert "ownership" over Terri's body.

Second, Felos flat lied when he said that for Terri to remain alive is "contrary to her medical treatment wishes." Terri had no living will and there is not a scintilla of evidence that Terri herself ever indicated what she would want in such circumstances. That's precisely why this case has dragged on in Florida courts for seven years.

Chris Short is by-the-moment blogging this case in a single, updated post.

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