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Analysts: GOP May Be Out of Step With Public

By Charles Babington and Michael A. Fletcher
Washington Post Staff Writers
Tuesday, March 22, 2005; Page A06

Congressional Republicans and President Bush have seized upon the Terri Schiavo case with such fervor that they may find themselves out in front of an American public that is divided over right-to-die issues and deeply leery of government intrusion into family affairs, according to analysts and polls.

Dominating a debate that many Democrats seem eager to avoid, conservative lawmakers and the White House have taken extraordinary steps to allow a federal judge to override the decisions of Florida courts to remove the brain-damaged woman's feeding tube. Antiabortion activists, a key GOP constituency, have cheered the moves, which included Bush rushing back to Washington to sign the bill in the dead of night after a rare Palm Sunday congressional session.

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Medical, Ethical Questions Largely Decided, Experts Say (The Washington Post, Mar 22, 2005)
Battle Prompts A New Interest In Living Wills (The Washington Post, Mar 22, 2005)
_____Post-ABC News Poll_____
Poll Data on Schiavo Case
Poll Findings

63% of Americans support the removal of Schiavo's feeding tube.

70% said it was inappropriate for Congress to get involved as it has.

Source: ABC News poll

Terry Neal Video: washingtonpost.com's Terry Neal breaks down the politics surrounding the controversial Terri Schiavo case.
Transcript: Washington Post reporter Manuel Roig-Franzia on the latest news from Florida.
Transcript: Washington Post reporter Mike Allen discusses congressional action on the case.
Video: Post science reporter Rick Weiss talks about the medical and ethical issues in the Schiavo case.
_____Roll Call Vote_____
House Vote on Schiavo Measure
Schiavo Senate Bill
_____From FindLaw_____
Order Denying Request (PDF)
Terri Schiavo Legal Case
The Battle for Schiavo

A look at the long legal battle over whether Floridian Terri Schiavo, 41, may be taken off life support.

Feb. 1990: Schiavo suffers brain damage from heart failure.

Feb. 2000: Circuit Judge George W. Greer rules that Schiavo’s feeding tube may be removed, as requested by her husband.

April 2001: The feeding tube is removed. Two days later, Circuit Judge Frank Quesada orders doctors to reinsert it.

June 2003: The 2nd District Court of Appeal upholds Greer’s ruling to remove the tube.

Oct.: Gov. Jeb Bush files a federal court brief urging that Schiavo be kept alive. He is denied.

Doctors remove the feeding tube. The state legislature passes a bill, called "Terri’s Law," allowing Bush to intervene. He orders the feeding tube reinserted.

Sept. 2004: Florida’s Supreme Court rules that Terri’s Law is unconstitutional.

Jan. 2005: The U.S. Supreme Court declines to hear the governor’s appeal.

Feb.: Greer grants an emergency stay blocking the removal of Schiavo’s feeding tube. He later sets March 18 as the day the tube may be removed.

Mar. 16: House passes legislation to try to block efforts to let Schiavo die.

Mar. 17: Senate passes separate legislation.

Mar. 18: House committee subpoenas Schiavo and others. Florida judge blocks the subpoenas; U.S. Supreme Court lets that ruling stand. Feeding tube is removed.

Mar. 20: Senate passes legislation giving federal courts jurisdiction in the case.

Mar. 21: House passes the same bill, sending it to President Bush for his signature.

SOURCES: Associated Press, staff reports

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In another sign of the priority that the GOP has placed on the Schiavo matter, they have let it trump their traditional calls for a limited federal judiciary and respecting the "sanctity of marriage."

Bush said yesterday that his decision to fly back from his Texas ranch to the White House to sign the legislation gave Schiavo's parents "another opportunity to save their daughter's life." Speaking in Tucson before an event promoting his plan to restructure Social Security, he said: "This is a complex case with serious issues. But in extraordinary circumstances like this, it is wise to err on the side of life."

Republicans in Congress and administration officials say their actions are principled and courageous. Whatever the motives, dramatic actions on such a high-profile case will have repercussions in next year's congressional elections, campaign strategists say.

Polls and analyses suggest that Republicans could find themselves out of step with many Americans, especially if Democrats find a more unified voice on the subject. An ABC News poll released yesterday concluded that "Americans broadly and strongly disapprove of federal intervention in the Terri Schiavo case, with sizable majorities saying Congress is overstepping its bounds for political gain."

By 63 to 28 percent, Americans support the removal of Schiavo's feeding tube, which her husband says would be her wish. Seventy percent of the respondents said it was inappropriate for Congress to get involved as it has. And 67 percent said they believe that elected officials trying to keep Schiavo alive are doing so mainly for political reasons.

The poll suggests that Democrats have an opportunity to speak for a significant portion of Americans who feel the GOP is overreaching. But whereas Democratic lawmakers continue to attack the administration's Social Security plans -- which polls also show to be unpopular -- they seem far more reticent on the Schiavo case. None of the Senate's 44 Democrats tried to delay the legislation that some of their House colleagues denounced as dangerous and unconstitutional.

"The Republicans may be setting themselves up for problems" in the 2006 elections, said Democratic pollster Doug Schoen, "but I don't think we're there yet." Democrats are divided over how to respond to the emotional right-to-die issue, he said, and as long as there is not a "Democratic worldview," strongly committed conservatives will control the debate.

The actions by Bush and the GOP-controlled Congress heartened many conservative activists. "It was necessary and very touching to see he was willing to go to those lengths to help this abused woman," said Wendy Wright, senior policy director for Concerned Women for America, a conservative advocacy group. "This is an issue of right and wrong, and what President Bush has done is come down on the side of right, which is to protect life."

Some Democrats quietly grumbled that Bush's dramatic return to Washington was orchestrated in part to curry favor with such conservatives. An unsigned memo circulated among GOP senators calling the Schiavo case "a great political issue" bolstered that view.

Rather than incurring the cost of flying back to Washington on Air Force One -- pegged in 1999 at $34,000 an hour -- Bush could have signed the bill in Texas a few hours later without significantly endangering Schiavo's life, critics said. Not only had doctors estimated that she could live for up to two weeks without the feeding tube, but a federal judge was not expected to hear the case until today.

"Obviously, Bush could have signed the bill in Texas," said Dan Bartlett, a senior counselor to Bush. But, he added, despite the estimates of how long Schiavo could live without her feeding tube, "it would be very hard for anyone to live with themselves" if Schiavo died because of a delay in the signing of the bill into law.

Some Democrats liken the Schiavo situation to debates over gun control, in which a fiercely committed minority -- led in part by the National Rifle Association -- has thwarted legislation supported for years by most Americans.

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