Court Sequel to the Compromise Terri's Law

Mr. Bush signed the legislation at 1:11 AM Monday, March 22, 2005.

The Schindlers' lawyer had it to the Florida courthouse and the courthouse personnel had it to a judge by 4:30 AM.

The judge scheduled what he termed an "emergency hearing" that afternoon at 3 PM, almost 12 hours later.  The hearing lasted about 2 hours, after which the judge said that he would rule later.  He did not say when he would rule, nor did he order Terri's feeding tube replaced so that she could be hydrated while he pondered.  He rendered his decision at 6:30 AM the following day, more than 24 hours after he received the case.

His judgment was that Terri's feeding tube was not to be replaced because it was unlikely that evidence could be presented that would change the outcome of the case from what it was in the State case.   This was puzzling to watchers, because the direction given in the legislation from Congress was that the evidence on both sides was to be examined as though it had never been examined by a court before.  Clearly this takes longer than overnight.

As of  Tuesday, March 22, his ruling has been appealed to the next level.

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Background:  The House and the Senate both passed versions of a law to ensure that Terri Schiavo's parents could take her case to the federal court system.  However, the bills were not identical and were therefore of no use in preventing the removal of Terri's feeding tube.  In an effort to preserve Terri's life, the leaders of the two houses came up with a compromise bill that pertained only to Terri.  The Senate voted to pass it using a voice vote.  The House convened Sunday to vote, but "a few Democrats" refused to allow a voice vote, insisting instead on a roll call vote, necessarily delaying the vote until the "next day."  The House leadership therefore scheduled the roll call vote for shortly after midnight Monday morning.  The passage of the bill was announced and the House adjourned immediately, around 12:45 AM.  The bill was sent to President Bush, who signed it into law less than an hour later.

It is heart-warming to see the vast number of Representatives who changed their family plans and hurried back to Washington to help a handicapped woman; a handicapped woman whose parents and siblings have sought so earnestly to allow her to retain her life and get the rehabilitative therapy that was promised but not delivered.

National Right to Life points out that there were a few Members who did fly to DC for the vote but "ended up missing the vote by a few minutes because of delays or flight availability."  Therefore, being listed in the "not voting" table does not mean that a given person necessarily opposed the bill.