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 Will Terri Schiavo's Death Spark Showdown between Congress and the Judiciary? By Valerie Schmalz | Friday, April 1, 2005  Print-friendly
version Terri Schiavo’s prolonged death by enforced hunger and thirst may have been the final straw, the catalyst for a showdown between Congress and the judiciary. Pennsylvania Republican Senator Rick Santorum said most of the public and for that matter most of the media are not aware "how serious this conflict is between the branches of the government, and how many members are concerned…with the kind of judicial tyranny we are seeing by many on the bench." Meanwhile, reports from Pinellas Park, Fla., say that Bob and Mary Schindler were escorted out of Terri Schiavo’s room ten minutes before their daughter died because their hour of visitation was over, despite pleas to her guardian and husband Michael Schiavo. Her death occurred on the 13th day after her feeding tube was removed, despite an avalanche of appeals, and a special bill raced through Congress aimed at giving her case another hearing in federal court. In addition to disappointment in the lower courts, the Supreme Court declined six times to consider her case. Around the world, people expressed sadness over Terri Schiavo’s death and support for her family, from Feminists for Life of America honorary chairwoman and actor Patricia Heaton to Roman Catholic Cardinal William Keeler. "May the soul of Theresa Marie Schindler Schiavo rest in the peace and mercy of God. And may God have mercy on our society which failed to protect this innocent human life," Keeler said in a statement. Talk of "judicial tyranny" has been common fodder on the right side of the radio dial, but the decisions by federal judges to ignore Congress’ law authorizing a re-hearing of the facts in the Terri Schiavo case has some within the Republican caucus talking judicial impeachment, Pennsylvania Senator Santorum said. "It’s not a conversation that has not been had," Santorum said in a conference call with reporters in the hours after Terri Schiavo’s death was announced. "I’m not sure how seriously House members are taking it. I can tell you the frustration level is getting higher and higher." Majority Leader Tom DeLay could not be reached immediately, but he is a featured speaker at an April 7-8 conference, "Confronting The Judicial War on Faith," which touts its agenda as "an action-oriented conference seeking solutions, as well as the beginning of a broad-based effort to save America from the judges." The conference includes a "mobilizing the grass-roots" section with comments from representatives of the Family Research Council and the Heritage Foundation. Republican senators are seriously considering changing Senate rules to disarm the filibuster, which now allows minority senators to talk continuously and block action unless a two-third majority votes for cloture. But other ideas for forcing the courts to acknowledge laws passed by legislatures and to only rule on existing laws are on the table, Santorum said, without providing specifics. The Judicial War on Faith conference plans to issue a declaration that will include recommending impeachment of federal judges, including Supreme Court judges, said Don Feder, conference organizer. Whether anyone will be singled out isn’t decided yet, said Feder, "Speaking personally, it’s a crowded field as they said during the first Iraq War-- it’s a target-rich environment." Among recent decisions that show disregard for Congress and the voters’ right to make laws, is a California district court judge’s ruling that the state’s ban on same sex marriage was unconstitutional, Feder said. Other areas of concern cited by conference sponsor Judeo-Christian Coalition for Constitutional Restoration include Ten Commandments displays, keeping "under God" in the Pledge of Allegiance, and abortion on demand. In terms of fall-out from the euthanasia of Terri Schiavo, Santorum said he will work to develop legislation to ensure that in cases of conflict over someone’s wishes and in the absence of a clear statement by the person, the case can be brought under federal guidelines and protections. The nature of the legislation is not decided, but Santorum said he would be working with disability rights groups and others. Santorum, a Roman Catholic, said one of the things he found most "chilling" was the number of physicians who called into talk shows and said that the withdrawal of feeding tubes happens daily. "I don’t think most people are aware of how routine this issue is," Santorum said. At the end of the day, the Schindlers sent out a statement thanking everyone who supported them and asking for privacy in their grief. "Please continue to pray that God gives grace to our family as we go through this very difficult time," said Terri's sister, Suzanne, in the statement. "We know that many of you never had the privilege to personally know our wonderful sister, Terri, but we assure you that you can be proud of this remarkable woman who has captured the attention of the world. Following the example of the Lord Jesus, our family abhors any violence or any threats of violence. Threatening words dishonor our faith, our family, and our sister, Terri. We would ask that all those who support our family be completely kind in their words and deeds toward others." Related Links: • BlogsForTerri.com • ProLifeBlogs.com • As Terri Fades, More Fatal Blows Fall | Valerie Schmalz | March 30, 2005 • Republicans, Family Fight for Terri's Life; Supreme Court Denies Committee's Request | By Valerie Schmalz. March 19, 2005. • Terri's Murder Begins | By Valerie Schmalz. March 18, 2005. • Congress Delays Murder of Terri Schiavo | By Valerie Schmalz. March 18, 2005. • Vatican, Gibson Join Fight for Terri's Life | Valerie Schmalz. March 15, 2005. • The Vatican Steps In: Cardinal Martino's Statement on Terri Schiavo | Valerie Schmalz. March 8, 2005. • John Paul II on "Life-Sustaining Treatments and Vegetative State: Scientific Advances and Ethical Dilemmas" • The Case of Terri Schiavo: When Does Dignity End? | By Fr. Michael Black • The Battle Over Terri | Valerie Schmalz • DCF's Schiavo Petition Unsealed | The Tampa Tribune (Friday, March 4, 2005) • Terri's Brother Fights For Sister's Life | by Margaret Zagroba | Vice President, Princeton Pro-Life. Saturday, March 5, 2005. Valerie Schmalz is a writer for IgnatiusInsight. She worked as a reporter and editor for The Associated Press, and in print and broadcast media for ten years. She holds a BA in Government from University of San Francisco and a Master of Science from the School of Foreign Service at Georgetown University. She is the former director of Birthright of San Francisco. Valerie and her wonderful husband have four children. 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