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Q&A: The Schiavo case and Congress
By Times staff writers
Published March 17, 2005
What are Congress and the Florida Legislature doing regarding Terri Schiavo?
The Legislature is considering bills designed to prevent the removal of Schiavo's feeding tube by addressing cases like hers involving someone in a persistent vegetative state who does not have a living will and whose family members disagree on a course of action. Congress is considering a bill that would allow Schiavo's parents to take their case to federal court to get a new state trial.
Didn't the Legislature already try to do something similar?
Yes. Two years ago it gave the governor power to order Terri Schiavo's feeding tube reinserted after a judge ordered that it be removed. The Florida Supreme Court ruled that the law - known as Terri's Law - was unconstitutional last year because it violated the separation of powers by giving the executive branch authority that infringed on judicial independence.
What's different this time?
The Legislature's latest attempt would change state law and allow Schiavo's parents to begin a new legal avenue. This is the first time the U.S. Congress has addressed the situation. The Senate deals strictly with Schiavo, but the House bill includes others in similar situations.
Are these bills constitutional?
Supporters say yes, but critics disagree. If the bills pass, the courts will decide.
How many people would this affect?
Potentially thousands, but it depends on the details written into the final legislation in both Washington and Tallahassee.
Would people who have a living will be affected?
Maybe, but that depends on the final version of the bills passed. Some lawmakers want patients to expressly address nutrition and hydration, and some existing living wills may not address those issues.
Ventilators also prolong life by breathing for people. Does the legislation address ventilators?
No, the bills only address cases involving feeding tubes.
Why?
A ventilator is a machine and supporters of the legislation often say they prolong life "artificially." A feeding tube is a simple way to deliver food and water. Withholding the tube amounts to starvation, they say. Opponents of the legislation say people all over the country and their families reject feeding tubes, particularly people who are terminally ill and cannot swallow.
What happens if both the Legislature and Congress pass bills?
Schiavo's parents will have two avenues to try to block the removal of their daughter's feeding tube - federal court and state court.
[Last modified March 17, 2005, 07:30:32]
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