As Schiavo entered her 11th day yesterday without the feeding tube that has sustained her for 15 years, a small group of protesters stood in a driving rain outside the White House and prayed for lawmakers to do more now to help prevent her death. The pleas drew little response, though, and one organizer said congressional leaders "are lacking the political will" to intervene.
There were signs that political leaders - with few options left in Schaivo's case - had turned to a broader fight. Some members of Congress, from both parties, say they want to push sweeping legislation that would allow federal courts to review all cases where the wishes of an incapacitated patient are in dispute. A hearing is scheduled next week before the Senate Health Committee, with others expected in the House.
State legislatures, which traditionally oversee questions about patient guardians and living wills, also are poised to join the debate.
For the politicians, there is a delicate balancing of the concerns raised by disability groups and religious conservatives, and public opinion polls that show widespread opposition to the decision by Congress to insert itself into Schiavo's case. A CBS News poll released last week showed that 82 percent of Americans thought Congress should have stayed out of the Schiavo case, a sentiment that cut across religious and ideological lines.
"Because these are very important decisions, and very difficult decisions, my advice to any lawmaker is to approach this in a very thoughtful, deliberative and careful manner," Jonathan Keyserling, a vice president in the public policy office of the National Hospice and Palliative Care Organization, said in an interview.
Congress has not clearly staked its next move. The House earlier this month passed broad legislation that would allow the federal courts to review any contested cases involving incapacitated patients who had not left a living will. A revised version, focused solely on the Schiavo case, eventually was approved, but Florida Rep. Dave Weldon, a Republican and an internist, has said he would like to see the original legislation revived.
"It was a fairly narrow bill," Weldon said Sunday on the ABC News show This Week. "I thought there were lots of parallels to death penalty cases, and we typically allow all these death penalty cases to get reviewed in the federal court, mainly just to see that constitutional rights are protected."
A spokeswoman for Weldon said yesterday that he did not want to comment further.
Rep. Barney Frank, a Massachusetts Democrat who has criticized the emergency legislation passed in Schiavo's case, said on the ABC News program that Congress needs to consider improving the procedures for reviewing end-of-life disputes.
And in the Senate, longtime disability advocate Tom Harkin, an Iowa Democrat who wrote the 1990 Americans with Disabilities Act, intends to introduce legislation that would provide a federal review in cases where there is a dispute over a patient's wishes and no written living will, a spokeswoman said yesterday.
"He would prefer that we are addressing the underlying issue here," the spokeswoman, Allison Dobson, said yesterday. "Unfortunately, it took this very sad case to sort of bring into relief the real issues here that many families face. It's a matter of putting into place the proper precautions to make sure an individual's wishes are learned and respected."
In the emergency legislation that allowed Schiavo's case to be reviewed by U.S. courts, lawmakers included language urging that Congress consider a broader investigation into the "status and legal rights of incapacitated individuals who are incapable of making decisions concerning the provision, withholding or withdrawal of foods, fluids, or medical care."