US: Republicans hope to use the case for political gain, writes Conor O'Clery, North America Editor
For 215 years Congress has been reluctant to get involved in personal family matters. But members were summoned back from their Easter recess yesterday for a midnight session to vote on a law that could prolong the life of a brain-damaged woman against the wishes of her husband.
Terri Schiavo suffered extensive brain damage when she had a heart stoppage 15 years ago. Since then she has remained in a persistent vegetative state, fed by a tube inserted through her navel, and doctors say she has no hope of recovery.
Her husband wants the feeding stopped, saying it would have been Terri's wish. Terri's parents want her kept alive in the hope that she might one day recover.
Some 19 Florida judges found over seven years in favour of the husband. The US Supreme Court declined to intervene after a state court decided last week to remove the tube. However, the case has become a cause celèbre for Christian conservatives and has been taken up by House majority leader Tom DeLay.
A memo distributed to Republican senators described it as "a great political issue" that could pay electoral dividends with Christian conservatives.
The case has become the subject of intense partisan debate throughout the US, with supporters of the parents arguing that it was essential for Congress to step into the long legal battle, and Democrats questioning why Congress should get involved in an intensely private matter.
Democrat Jim Moran of Virginia told reporters yesterday the intervention would set "a precedent that will come back to haunt us". Democrat Barney Frank said "we are seeing the manifestation of a constitutional crisis" where any time a majority wanted a substantive outcome different from a court decision they would just bring it about.
Republicans said their views about the sanctity of life justified their departure from their normal support for states' rights.
Senate majority leader Bill Frist said Congress should "do its part to uphold human dignity and affirm a culture of life".
Republican Dave Weldon, a physician who drafted the "Incapacitated Person's Legal Protection Act" to have the case referred to a federal judge, said Terri was still "in that kind of condition where she responds".
The bill would give a federal court in Florida the jurisdiction to consider a claim "relating to the withholding or withdrawal of food, fluids or medical treatment necessary to sustain her life".
Weldon also told reporters that Michael Schiavo, was engaged to another woman and called him a bigamist.
Cultural conservatives have inundated Congress with support for the bill. "We've tolerated abortion in this country for the last 30 years, and now we're talking about eliminating those who cannot speak for themselves," said Tony Perkins of the Family Research Council.
The unsigned memo circulated to Republican senators underlined the political implications of the crisis. It singled out Democratic Senator Bill Nelson of Florida, who is standing for re-election next year and is opposed to the emergency bill.
"This is an important moral issue and the pro-life base will be excited that the senate is debating this important issue," said the memo, which was first reported by ABC News.
"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."