The Midnight Coup

Republican leaders, eyeing an opportunity to appease their radical right-wing constituents, convened Congress over the weekend to shamelessly interject the federal government into the wrenching Schiavo family dispute. They brushed aside our federalist system of government, which assigns the resolution of such disputes to state law, and state judges. Even President Bush flew back from his ranch to Washington on Sunday to be in on what amounts to a constitutional coup d'etat.

Conservatives are the historical defenders of states' rights, and the supposed proponents of keeping big government out of people's lives, but this case once again shows that some social conservatives are happy to see the federal government acquire Stalinist proportions when imposing their morality on the rest of the country. So breathtaking was this attempted usurpation of power, wresting jurisdiction over a right-to-die case away from Florida's judiciary, that Republican leaders in the end had to agree to limit this legislation's applicability to the Schiavo case.

In other words, according to the bill passed by the Senate Sunday afternoon, and which the House passed after midnight, among all the cases of patients in a persistent vegetative state nationwide, Terri Schiavo's case is the only one in which parents are able to have a federal court review state court rulings on the fate of their loved one.

Last Friday, after years of litigation and medical evaluations, the Florida judge presiding over the case ordered the removal of Schiavo's feeding tube, pursuant to her husband's wishes.

House and Senate committees outrageously tried to intervene then by issuing subpoenas to the Schiavos and Terri's doctors, and by asking federal courts to order the feeding tube reinstated. But since this was not a case within federal jurisdiction, their efforts failed. Hence the effort to wrest jurisdiction the old-fashioned way, by passing a law.

Congress does act in other extraordinary cases on behalf of a specific individual, such as when it grants someone U.S. citizenship. But here, Congress is breaking new ground, trying to overturn a judicial decision by altering the Constitution's federalist scheme. This is the family law equivalent of the constitutionally banned "bill of attainder," legislation that seeks to convict someone of a crime.

Lost in all the political and legal maneuvering is the gut-wrenching conundrum of removing life support from a patient like Schiavo.