Did Congress Really Want to Save Terri Schiavo's Life?
The hearing is over in federal court. The Judge has taken it under advisement. He told everyone to go home for now. He may rule in a few hours.
Meanwhile, former House Judiciary Committee Chief Counsel Julian Epstein was on Larry King tonight. He said Congress didn't really want to save Terri Schiavo's life. He was faxed a draft of the legislation in advance and said he told Congress staffers that the law wouldn't work, but that there were options that could work. He said Congress could easily have assured the reinsertion of the feeding tube by writing an automatic stay into the law -- or by creating new evidentiary rules. Congress' refusal to do so, Julian says, means it knowingly passed a half-hearted law that wouldn't work.
The inference is that Democrats wouldn't go for a bill that would have resulted in the reinsertion of the feeding tube, so this was the compromise. If true, this makes the Republican Congresspersons and Senators demanding she be allowed to live more than just a little disingenuous. They didn't even go on record for the courage of their convictions but passed a cosmetic bill instead.
Jeb Bush says he can't do any more. Where's his brother, President Bush? Back at the ranch, on vacation.
Update: Think Progress has more --particularly on Sen. Bill Frist.
Update: Julian Epstein's comments on Larry King Live, March 24, 2005 [Via Lexis.com]
EPSTEIN: ....On Saturday, when they were drafting the legislation, they shot me over a copy of it, and I told them that it wouldn't change anything in the courts.
Now, the Congress, with all of its bravado, which was supported by the president, could have done a lot more in this statue to have extended this case on. They could have created an automatic stay. They could have changed the evidentiary procedures that the courts on the federal level use to determine what Terri Schiavo's will was. So, it was a case where Congress really didn't have the courage of its own convictions.
KING: So you're saying -- you're saying Congress put on a little show for the parents?
EPSTEIN: Congress did not have the courage of it's own convictions in this case?
KING: Wait a minute, are you saying they could -- they could have done...
EPSTEIN: Absolutely. Absolutely.
KING: She would be back on a...
EPSTEIN: They could have done more.
KING: They could have had her back on a feeding tube?
EPSTEIN: Without question. Congress could have passed a statute and said there should be an automatic stay. And then they could have set up a whole host of new -- either new rights for her or new ways in which you would evaluate the evidentiary standards. And this could have extended the case. Congress did not want to do that. And now, I don't want to suggest this because the polls are going south on both the president and Congressional intervention here, but now you see, interestingly enough, you see Jeb Bush and you see the Republican Congress not proceeding with this thing when they could.
....this is a Republican Congress. The Congress could have given Terri Schiavo more substantive rights if they had wanted to and they could have created a procedure which would have stayed that. That is a fact. And Congress elected not to do it and now Congress is now staying away from this. That is a fact.
...What the Congress did, was they took a very limited -- a very limited approach to get this into the federal courts so that the parents could have -- could have standing. And the legal standard was they had to show a substantial likelihood of success, and they didn't because what the lower courts had found was the desire to decline this...The clear point is Congress could have done more.
KING: I know.
EPSTEIN: They didn't. Congress tonight could do more and they're not.
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