But the decision of congressional leaders to
intervene in the case, which played out dramatically over Palm Sunday
weekend, reflects a highly charged mix of religion and politics that
critics say could have broad and unintended consequences.
"Congress's overreaching flies in the face of our
entire system of checks and balances, trashes the partial sovereignty of
the states, and flouts the protections our laws afford state
adjudication from drive-by attacks by those disaffected with the
results," says Laurence Tribe, a Harvard University law professor.
The speed and intensity of the issue surprised
many on Capitol Hill. Most members had already left Washington for a
two-week recess and long-planned travel overseas when doctors removed
the feeding tube from a brain-damaged woman in Florida on Friday.
In an unusual move, the Senate was called back for
an extraordinary session on Saturday evening, opening the door for House
and Senate votes expected during early Monday morning hours. The
bipartisan compromise worked out between House and Senate leaders on
Saturday asks a federal court in Florida to consider the parents' claim
to restore the feeding tube. President Bush said he would return to the
capital to sign the bill.
Mrs. Schiavo has been diagnosed by doctors as "in
a persistent vegetative state" for the past 15 years. Her husband,
Michael Schiavo, says that his wife would not want to have her life
extended - a view her parents reject. She left no written directive.
For many conservative activists, the Schiavo case
is a proxy for expanding a pro-life agenda on everything from abortion
rights to judicial nominations. "It's a real showdown with the courts,"
says Tony Perkins, president of the Family Research Council, who has
been in continuous contact with congressional leaders and "our
grass-roots across the country" on the case. "This case is important to
family members of Terri Schiavo and to our country as a whole - that we
not move down this path where people are forced to die," he says.
Last week, as both houses of Congress were rushing
to pass resolutions on the president's FY2006 budget, GOP leaders began
discussing the case. Physician lawmakers in both the House and Senate
disputed the attending physicians' claims that Mrs. Schiavo was in a
"persistent vegetative state."
Senate leader Bill Frist, a surgeon, said that
"From a medical standpoint, I wanted to know a little bit more about the
case itself," so he reviewed the 2001 tapes on which the case was based.
"Scores of neurologists have come forward and said that it doesn't look
like she is in a persistent vegetative state," he said last week.
GOP leaders in both houses describe this case as
having to do with the "culture of life" theme expected to be central in
the 2006 congressional races. "Their gamble is that the general public
will be divided on the issue and will not vote on the subject come 2006,
but that the Republican-base ... group of conservative Christians will
remember this vote forever," says Larry Sabato, a political scientist at
the University of Virginia in Charlottesville.
Meanwhile, while individual Democrats have spoken
out strongly against congressional intervention in this case, their
leadership, which Republicans describe as "very cooperative," has stayed
out of the debate. Senate Democratic leader Harry Reid has supported
"pro-life" positions, including votes against abortion rights. House
Democratic leader Nancy Pelosi spoke with Speaker Dennis Hastert from
her travels in Egypt.
Still, some Democrats tried to rally their party
to defeat the measure. "The tragic and complicated matter is only made
more difficult with congressional intervention," said Rep. Henry Waxman,
ranking Democrat on the House Government Reform Committee.
Congress's move to elevate this case to federal
courts comes as Republicans and Democrats are ramping up for a battle
over the process for confirming judicial nominations. It also follows a
bipartisan vote to move many class-action cases out of state courts,
dubbed by some Republican lawmakers as "judicial hellholes," into
federal courts.
The Schiavo case is already one of most
extensively litigated right-to-die cases in history. Mr. Schiavo began
court action to remove his wife's feeding tube in May 1998, eight year
after she fell ill. Pinellas County Circuit Judge George Greer has
ordered the feeding tube removed three times. In 2003, the Florida
legislature passed a bill to reinsert it, a move later ruled
unconstitutional, setting in motion the current legislative battle.
Should a bill on Schiavo pass the Congress and be
signed by the president, as expected, the case still faces judicial
review - and a ticking clock. Last week, the Supreme Court rejected
without comment a House committee's emergency request to order the
feeding tube reinserted while appeals were pending.
"It would appear to be the kind of legislative
grandstanding that Chief Justice Rehnquist, if he were up to speed and
in good health, would swat away in an instant," says Patrick Gudridge, a
law professor at the University of Miami.