Employing Schiavo: Congress Tries to Influence the Judiciary on Abortion

Republicans in Congress disagree about their intervention in the Terry Schiavo case, which changed legislative precedent but did not save her life.

Senate Majority Leader Bill Frist (R- Tennessee) and House Majority Leader Tom DeLay (R- Texas) led the charge to pass a private bill for Schiavo, despite some complaints from their own party.

Republican Representative Christopher Shays of Connecticut publicly stated that he was opposed to congressional intervention in such a personal matter. Shays voted against the House bill along with Republicans Michael Castle of Delaware, Ginny Brown-Waite of Florida, Dave Reichert of Washington and Charles Dent of Pennsylvania.

Even House Judiciary Chairman James Sensenbrenner (R- Wisconsin) was reluctant to draft the bill and violate precedent, but DeLay encouraged him to "be creative," according to The Washington Post.

Political pressure

Congressional Quarterly reports that DeLay faced significant pressure from Evangelical Christian groups to pass the Schiavo bill and that he is eager to get their support since he is facing ethics charges and is up for re-election in 2006.

Indeed, DeLay made use of Terri Schiavo’s struggle to defend himself: The Associated Press quotes him as saying: "One thing that God has brought to us is Terri Schiavo to elevate the visibility of what is going on in America, that Americans would be so barbaric as to pull a feeding tube out of a woman that is lucid and starve them to death. This is exactly the issue that is going on in America, attacks against the conservative movement, against me and against many others."

Although DeLay energized his supporters with these comments and with his fight for Schiavo’s life, Democrats and some Republicans accused him of opportunism and egoism.

Further, a CBS poll conducted before Mrs. Schiavo’s death showed that 82 percent of those surveyed thought that President Bush and Congress should stay out of the case. 74 percent believed that Congress was motivated by politics and not concern for Terri Schiavo.

But the public’s disapproval may not harm DeLay and other Republicans running in 2006, according to some independent analysts. Larry Sabato, director of the Center for Politics at the University of Virginia, says that voters who supported the Schiavo bill did so intensely, while those who disapprove are likely to forget the case by the time they get to the polls.

Creating a "culture of life"

Congress’ involvement in the Schiavo case is part of a larger effort to influence the judiciary on the subject of abortion.

President Bush, Governor Jeb Bush of Florida, and congressional leaders DeLay and Frist all repeatedly referred to the Schiavo case as an opportunity to create a "culture of life" in the United States. This phrase was created by opponents of abortion rights, whose cause is now distinctly and completely intermeshed with the Terry Schiavo case.

Many of the groups that clamored to keep Terri Schiavo alive are the same groups that oppose abortion; the Schiavo case allowed these groups to deliver their message from a new podium.

Congress and the judiciary

The Terri Schiavo bill was an unprecedented attempt by Congressional leaders to influence the judiciary. But the Senate has a constitutionally-sanctioned check over the courts -- the approval of judicial nominations -- which anti-abortion rights activists and lawmakers hope to influence as well.

To ensure Senate endorsement of their judges, Republicans have threatened to get rid of the judicial filibuster so that they can pass nominees with just 51 votes instead of the two-thirds required (60). The filibuster, that is, taking command of the speech-making in the Senate (by reading the phone book if necessary) prevents a vote. It is a long established right of the minority in our Senate history. If Republicans change the Senate rules, Senate Democratic leader Harry Reid of Nevada says that they will retaliate by refusing unanimous consent agreements, which help legislation to move quickly through the Senate. This reprisal would slow the Senate to a near-halt, causing senators from both parties to spend days on the floor voting on routine housekeeping matters.

In response, Bill Frist said that he would offer instead a proposal that would limit debate time for nominees and secure a speedy confirmation vote. Reid said he would work with Frist on a compromise.

Like the Terri Schiavo case, the battle over judicial nominations highlights the way that the nation’s sharp cultural differences play out in Congress. It also highlights the importance of knowing and using rules of procedure in a representative government.

Differing philosophies, like those on the abortion issue, cause their sponsors to try to influence the balance of power among the three branches of government. Citizens need to inform themselves and watch out for unconstitutional use of power by either party through any branch of government in pursuit of specific policies.

Do attempts to get action through changing the balance of power among the three branches help or hurt a particular cause? For example, did Congress’ intervention in the Terri Schiavo case further the "right to life" movement? Should Tom DeLay and other congresspeople attempt to influence the judiciary through changing the traditional rules of procedure for approving judges who serve for life?

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Update Posted on: 4/15/2005