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Analysis: Jeb conflicted in Schiavo case

By LES KJOS

MIAMI, March 25 (UPI) -- A conflicted Florida Gov. Jeb Bush is looking for ways to intervene in the Terri Schiavo case again, but he admits to being frustrated by the laws governing his office.

With court decision after court decision denying efforts to reinsert the brain-damaged woman's feeding tube, those who want to keep her alive believe Bush is their last chance.

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U.S. District Judge James Whittemore denied a restraining order Friday. The appeal was based on a diagnosis by a doctor that her mental state might improve with medical treatment.

Another appeal is in the works and more are expected, but they are given little chance of success after so many failures this week.

Schiavo's feeding tube was removed for the third time March 18, and doctors give her another week to live at most.

All this is producing pressure on Bush.

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"Our last hope is the governor," said Brother Paul O'Donnell, spiritual adviser to Bob and Mary Schindler, Terri Schiavo's parents who have been trying to keep her alive.

"We have been told by legal experts that the governor can intervene. He may not want to because of public image, but he does have the legal authority to do so," O'Donnell said Friday.

Bush says he would if he could, but he can't.

"They're acting on their hearts and I fully appreciate their sentiments and the emotions that go with this," Bush said at a news conference late Thursday.

"As I have been consistently saying -- and I guess you guys (reporters) have not been listening and repeating it back -- I have consistently said that I cannot go beyond what my powers are, and I'm not going to do it," an obviously troubled Bush said.

Many of those advocating for the re-insertion of Schiavo's feeding tube appear to have turned on the governor already. Bush was the target of two Good Friday vigils in Tallahassee, and considerable anger from the right.

"He raised the family's hopes, but he still hasn't acted. This, in our opinion, is reprehensible," said an angry Randall Terry, a right-to-life activist.

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The unhappiness with Bush is not limited to the religious right. Moderate members of his own Republican Party say they resent being dragged along on his attempt to keep the woman alive.

In October 2003, after the second time the tube was removed under a court order, Bush convinced the Legislature to pass what became known as "Terri's Law." That law enabled Bush to order Schiavo's tube re-inserted pending further action by the courts.

The Florida Supreme Court struck down the statute in September, and in January the U.S. Supreme Court refused to consider an appeal.

Bush sought the Legislature's help again earlier this month, and by a narrow vote the Republican-dominated Legislature refused to go along.

Republican state Sen. Dennis Jones said Bush was abusing his power on the issue and the executive branch should have nothing to do with the case.

Nine Republican state senators found their pictures on mock "Wanted" posters for their vote against a second "Terri's Law."

Bush next tried the U.S. Congress. It passed a law requiring another hearing in the federal courts, and Bush's brother, the president, flew back from vacation to Washington and signed it into law in the middle of the night.

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Some blame that action for a recent dip in President Bush's approval rating.

Schiavo, 41, who has been ruled in a persistent vegetative state since she suffered cardiac arrest in 1990, is at the center of a legal battle between her husband and her parents.

Her husband, Michael, said she would want to be allowed to die. Her parents, Mary and Bob Schindler, believe she can improve with treatment.

Among the ploys the governor has tried is to get the courts' permission to take custody of Schiavo because of claims she is being abused.

The governor has clearly gone the extra mile -- or two -- but still the pressure continues. Schiavo's parents' supporters insist Bush has the right to take custody of the woman without any permission from the courts.

Bush said he has researched that possibility and has come up short. There are fears that seizing the woman would trigger a state constitutional crisis.

There are few who believe the governor's motives are political. He has repeatedly said he does not want to campaign for president and succeed his brother in the White House.

"I really don't think he cares," former state Republican Chairman Tom Slade told The Miami Herald. "I think he's motivated by his very honest feelings on the subject, and I don't think he would give two hoots in hell what people's reaction might be to his activity. I think he's doing what he thinks is right."

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In any case, any attempts to appease the religious right may have already backfired.

Terry, the pro-life activist, promised political retribution if Schiavo dies.

"I promise you, if she dies, there's going to be hell to pay with pro-life, pro-family, Republican people of various legislative levels, but statewide and federally, who have used pro-life, pro-family, conservative rhetoric to get into power and then when they have the power they refuse to use it," Terry said.

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(Please send comments to [email protected].)

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