Congress Intervenes in Florida Issue

Without taking a roll call vote, on Palm Sunday afternoon the Senate passed a bill designed to "save" Terri Schaivo. "No record votes were taken," according to the Senate web site; press reports have no data on how many or which Senators showed up on a recess Sunday for the vote. On the House side, Democrats forced a roll-call vote, but only half of the 435 members are required to be on hand.

ABC News notes that the House is composed of 232 Republicans, 202 Democrats, and one Independent:

Lawmakers who left Washington on Friday for the two-week Easter recess had to make abrupt changes in plans, backtracking for a dramatic and politically contentious vote...

Under House rules, such a vote could not occur until Monday, thus the plans for a vote at 12:01 a.m. Monday at which at least 218 of the 435-member House must appear. Also, because it was an expedited vote, the measure needed votes from two-thirds of those present for passage.

This reverse-Cinderalla vote flies in the face of the "family friendly" schedule adopted by this Congress: votes between noon Monday and Thursday.

The bill would give Terri Schaivo's parents the right to move their case from state court to federal court, an unprecedented change in venue. Any constitutional challenge to the law, which President Bush -- who has returned to Washington from Texas -- has vowed he will sign, would take weeks or months. It is entirely possible that much of the Western states Senatorial delegation was unable to return to DC before the 2 pm Eastern session -- given time zone issues and commercial air schedules -- if they arrived home on Saturday.

Republican rhetoric suggests that the Schiavo case has been railroaded through the system. From the Washington Post, Rep. Mike Pence (R-IN):

"No person in America should be deprived of the right to life without due process of law and Terri Schiavo is no different."

This rhetoric belies the 15-year old case that has

... arguably received more judicial attention, more medical attention, more executive attention, and more "due process," than any other guardianship case in history. Terri's family has had the benefit of excellent legal representation as well as the Governor's own top-notch attorneys, all of whom have scoured the case for ways to assist the effort to keep Terri's feeding tube in place. (from abstract appeal)

Politics at its worst
In case there is any doubt that this Congressional action is poltically motivated, ABC news and the Washington Post reported that a memo which has circulated only among Republican Senators characterizes the case as "a great political issue" to win points with Christain Conservatives in 2006 elections. The memo specifically targeted Florida Senator Bill Nelson, who stands for re-election in 2006.

"This is an important moral issue, and the pro-life base will be excited that the Senate is debating this important issue... This is a great political issue, because Senator Nelson of Florida has already refused to become a co-sponsor and this is a tough issue for Democrats."

State versus Federal Power
Many opponents of Congressional action point to the separation not only of executive and judicial power but to the separation of state and federal authority. Florida Republican Rep. Robert Wexler:

"Congress is violating the separation of powers that have kept a distinct role for the judicial and legislative branches for over two centuries... Today, the Congress is judge and jury. Now, Congress can be in the business of reviewing every medical case in the country and if the majority in the Congress disagrees, we can just decide to overturn it."