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3/30/05

Congress puts its nose where it doesn’t belong

SMN


The case of Terri Schiavo is overloaded with tragedy and travesty, but it is the constitutional arrogance of a majority of those in the U.S. Congress and in the White House that should be singled out for our collective criticism. The cobbled together bill to interfere in this case that was passed last week and signed by the president was a travesty of the worst kind, a showboat bill whose very existence posed a minor threat to the 200-year-old balance of powers that is the bedrock of this country’s legal foundation.

Though this case has been given too much attention, perhaps there are some who have missed the details. Terri Schiavo was married in 1984 to her husband, Michael. In 1990 she suffered a cardiac arrest that led to brain damage and subsequently lapsed into a persistent vegetative state. Three years later the husband and the parents of Terri began a decade-long legal battle. Her parents have sought to keep their daughter alive by whatever means possible, while husband Michael has sought the permission of the courts to let his wife die by removing feeding tubes.

Perhaps the aspect of this case most misrepresented by the media revolves around the role the court system and judges have played in getting to this point. Since the courts have sided with the husband, opponents have been quick to deride the rulings as the actions of activist judges hell bent on affixing their opinions on the will of the majority.

After numerous rulings that supported the decision of Michael Schiavo, the Florida Supreme Court issued a unanimous opinion in September 2004. It said that the Florida legislature had no right to intervene in this case and overturn a lower court’s ruling to let Michael Schiavo remove the feeding tube that was keeping his wife alive.

“The continuing vitality of our system of separation of powers precludes the other two branches from mollifying the judicial branch’s final order,” wrote the Florida chief justice.

Despite such a ruling, the U.S. Congress felt compelled to get into the picture. On March 21 the bill passed (our Rep. Charles Taylor, R-Brevard, voted for it) and the president was waiting to sign it. The U.S. Supreme Court had already decided against hearing the case, deciding that it had no right to intervene in a case already decided by a state Supreme Court. Our elected officials in Washington, however, had no qualms about jumping into the middle of this morass.

And that is what we all should remember from this. Yes, the fighting among the family is regrettable, and yes, celebrating a “culture of life” (the president’s words) is admirable. But in this country we abide by a rule of law. We don’t allow our leaders to abuse their power and upset the delicate balance between the judicial, executive and legislative branches of government. Such a precedent, however morally strong it may appear at the moment, sends us down a slippery slope where the capricious will of a majority of Congress can impose its will upon the citizenry and the other branches of government. That is a dangerous precedent.

Sad as it is, questions regarding Terri Schiavo’s life are not matters to be decided by our elected Congress in Washington. The Florida judges have made their ruling. Our entire system demands that we abide by that decision.