Relief And Agony In Coma Case
Acting on orders from Gov. Jeb Bush, a hospital began rehydrating a brain-damaged woman Tuesday six days after her feeding tube was removed in one of the nation's longest and most bitter right-to-die battles. A judge later rejected a request by her husband to overturn the governor's order.
Terri Schiavo began receiving fluids intravenously, according to her parents' lawyer, after the Legislature rushed a bill to Bush that was designed to save her life. Schiavo's parents, Bob and Mary Schindler, have fought to keep her alive. Her husband, Michael Schiavo, says it would not be her wish to be kept alive by extraordinary means.
Schiavo, 39, has been in what doctors call a persistent vegetative state for 13 years - ever since suffering a heart attack.
Her parents believe she could benefit from therapy and were relieved at Tuesday's intervention by Gov. Jeb Bush - who they had asked to help - and by the state legislative action that made Bush's order possible.
"It's restored my belief in God," Terri Schiavo's father, Bob Schindler said.
"I think we were in disbelief yesterday when we got the word from Tallahassee and that just turned into a -- our family is ecstatic that Terri would be able to be fed again," her brother, Bob Schindler, Jr., said on CBS News' The Early Show.
But, the Schindlers were unable to visit Terri upon her return to the hospital.
"I tried to go down late last evening, around 11 p.m. When I tried to go see how she was doing, I was told that the husband informed our family that we would be unable to visit her," Bob Schindler, Jr. said. "I called our attorney, and they're looking into it and, hopefully today we'll be able to get back in, into the hospital to see how my sister's doing."
The dramatic turn of events six days after Terri Schiavo's husband won a six-year court battle to disconnect his wife's feeding tube has created a potentially new legal issue: Whether the Legislature and governor overstepped constitutional boundaries by passing legislation that overruled the courts.
"It's going to be a very interesting case to say the least," said former Attorney General Bob Butterworth. "It could be fairly historic, the next round of court battles."
Schiavo's family is well aware that the action of the governor and state lawmakers may not be the final chapter of this legal battle. Her parents are continuing to marshal support on two web sites they operate, terrisfight.org, and prayforterri.net., which shows a slide show of Schiavo from birth through childhood and marriage.
Supporters visiting the web sites are encouraged to post prayers.
"Expose the evil of the Euthanasia Movement for the whole world to see. Only You have the right to determine when our time on this Earth is over," reads one such prayer. "Soften the hardened hearts of those who truly believe that euthanasia is merciful. Help them to see the folly in that."
The bitterness and desperation of the battle over Terri's fate is prominent in some of the other prayers, overflowing across an expanse of 575 web pages.
A crowd cheered outside as an ambulance took Terri Schiavo from a Pinellas Park hospice to Morton Plant Hospital after Bush ordered her feeding resumed.
The state's actions aren't sitting well with her husband.
"He, as many others, is absolutely stunned at the course of events and deeply troubled, angry and saddened that his wife's wishes (have become a political pingpong," said his attorney, George Felos.
Felos scrambled to try to stop Bush's order. He filed a request for a temporary restraining order, but was turned down by Judge W. Douglas Baird. Felos will have five days to file additional arguments with the judge and the state will have five days after that to respond. The judge will then hold another hearing.
"It is simply inhumane and barbaric to interrupt her death process," Felos said. "Just because Terri Schiavo is not conscious doesn't mean she doesn't have dignity."
Harvard law professor Laurence Tribe said the state legislature's and Bush's action "violates the core principles" of a 1990 U.S. Supreme Court decision.
The court ruled in a Mississippi case that Nancy Cruzan, who had been fed through a tube for seven years, could be permitted to die if "clear and convincing evidence" proved that was what she wanted. Her parents had fought for the right to remove the tube.
"I've never seen a case in which the state legislature treats someone's life as a political football in quite the way this is being done," he said.
Schiavo's feeding tube was removed last Wednesday. Doctors said the 39-year-old woman would die within a week to 10 days without nutrition and water.
Some Senators who supported the legislation expressed concern about their action.
"I hope, I really do hope we've done the right thing," Senate President Jim King, R-Jacksonville, said. "I keep on thinking 'What if Terri didn't really want this done at all?' May God have mercy on all of us."
Schiavo never signed a living will, but her husband said she told him she would never want to be kept alive artificially. Her parents said he never told them of the wish.
"Let us err on the part of not condemning this woman to a painful death that she can feel," said Sen. Anna Cowin, R-Leesburg.
Opponents said government was stepping in where it had no business being.
"How dare this Legislature and this governor substitute its judgment for the family's?" said Sen. Steven Geller, D-Hallandale.
State lawmakers were in Tallahassee for a special session on economic development, but Schiavo's fate dominated much of the first two days.
The legislation they approved is designed to be as narrow as possible. It is limited to cases in which the patient left no living will, is in a persistent vegetative state, has had nutrition and hydration tubes removed and where a family member has challenged the removal.