Terri Schiavo Bill Becomes Law

Terri Schiavo's fate is once again was in the hands of a judge - only this time, a federal judge - after a historic flurry of middle of the night activity that saw an emergency session of Congress pass a bill specifically to allow her parents to take her case to federal court.

Schiavo, 41, is severely brain-damaged and has for years been at the center of a battle between her husband, Michael Schiavo - who says it would be her wish to die - and her parents, who say she would want to live and has the potential to get better.

President Bush, who had flown back from Texas to be ready to act when the bill was approved, signed it into law at about 1 a.m. Schiavo's parents, Bob and Mary Schindler, rushed to federal court an hour later, filing papers asking that the feeding tube be reinserted while the court decides the case.

Terri Schiavo has been without nutrition or water since Friday, when her feeding tube was disconnected in compliance with a court order that had been sought by her husband.

She is not expected to be able to live for more than a few weeks without the feeding tube.

Members of Congress rushed back to Washington for a rare weekend session to vote on the emergency bill backed by the Bush administration which cleared the Senate on a voice vote Sunday and the House - in a 203-58 vote - shortly after midnight.

"In cases like this one, where there are serious questions and substantial doubts, our society, our laws, and our courts should have a presumption in favor of life," said President Bush, in a written statement issued as he signed the bill.

"This presumption is especially critical for those like Terri Schiavo who live at the mercy of others," said Mr. Bush. "I appreciate the bipartisan action by the Members of Congress to pass this bill. I will continue to stand on the side of those defending life for all Americans, including those with disabilities."

Outside the Pinellas Park, Fla., hospice where his daughter entered her fourth day without food or water, Bob Schindler told reporters "I'm numb, I'm just totally numb. This whole thing, it's hard to believe it."

The Schindlers got some support early Monday from the Justice Department as they filed their federal court request asking for the feeding tube to be reinserted.

The Justice Department has filed a "Statement of Interest" brief, supporting the Schindlers' request, arguing that "Congress' clear intent will be defeated without an injunction" as "this is plainly a case where there will be significant and irreversible injury unless a temporary restraining order is entered."

"The statute passed by Congress makes a federal forum available to consider Mrs. Schiavo's claims, and it entitles her parents to bring those claims on her behalf," said Justice Department spokeswoman Tasia Scolinos, confirming the filing of the court brief. "By supporting Mrs. Schiavo's parents' motion for a temporary restraining order, the United States is working to ensure that Mrs. Schiavo's parents' opportunity to be heard on behalf of their daughter is not lost irrevocably."

"The most important thing to remember and understand about all of this is that it is still up to the courts to decide what will happen to Terri Schiavo," says CBS News Legal Analyst Andrew Cohen. "Michael Schiavo almost certainly will ask the judge to declare the new law unconstitutional and to block its enforcement."

"It is possible that a federal judge will order Terri Schiavo's feeding tube to be reinserted, even for a short time, even if he or she ultimately decides that the new law is unconstitutional," says Cohen. "It would be hard to argue against the pressing need to keep her alive until this new round of federal litigation is resolved."

Michael Schiavo says he is outraged that congressional leaders have intervened in what he says is a private right-to-die decision. He has battled for years with his wife's parents over whether she should be permitted to die or kept alive through the feeding tube.

"For Congress to come in and interfere in a personal family matter is outrageous. They can do it to me, they'll do it to every person in this country. And they should be ashamed of themselves. Leave my wife alone. Leave me alone. Take care of your own families," he told CBS News.

Outside the hospice - where scores of demonstrators supporting Schiavo's parents have maintained a steady vigil - there was a shout of joy when news of the House bill's passage came. Among those cheering was David Bayly, 45, of Toledo, Ohio: "I'm overjoyed to see the vote and see Terri's life extended by whatever amount God gives her."

Twice before, Schiavo's feeding tube has been removed and then reinserted: once on a judge's order and once after Gov. Jeb Bush passed "Terri's Law," which was later declared unconstitutional.

Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly because of a chemical imbalance. She can breathe on her own, but has relied on the feeding tube to keep her alive.

Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery. Her husband says she would not want to be kept alive in that condition, but her parents insist her condition could improve, with therapy.

Bob Schindler visited his daughter late Sunday and said he noticed the effects of dehydration on her. He said she appeared to be getting tired, but eventually responded to his teasing by making a face at him.

"It tells us she's still with us," he said.

Brian Schiavo, Michael's brother, said he spent Sunday afternoon with his brother and Terri at the hospice, but Terri did not move or make any noises. "Anybody that thinks that she talks and responds, they need to have a mental health examination," he said.

The bill passed in Congress applies only to Schiavo and would allow a federal court to review the case. The House passed the bill on a 203-58 vote early Monday after calling lawmakers back for an emergency Sunday session. The Senate approved the bill Sunday by voice vote.

"In cases like this one, where there are serious questions and substantial doubts, our society, our laws and our courts should have a presumption in favor of life," President Bush said in a statement after signing the bill.

A crowd of about 50 people prayed and sang outside the hospice. One man played "Amazing Grace" on a trumpet, as a pickup truck pulled a trailer bearing 10-foot-high replicas of the stone Ten Commandments tablets and a huge working version of the Liberty Bell.

Florida Gov. Jeb Bush, praised the actions of Congress. "We in government have a duty to protect the weak, disabled and vulnerable," he said in a statement Monday. "I appreciate the efforts of state and federal lawmakers on both sides of the aisle who have taken this duty to heart."