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Politicians Cautious With Views On Schiavo


Published: Mar 30, 2005

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TAMPA - When Gov. Jeb Bush held a news conference last week to announce his administration's last-ditch legal appeal in the Terri Schiavo case, the state's chief lawyer, Attorney General Charlie Crist, was not there.

Crist, who is widely considered the early front-runner in Florida's 2006 gubernatorial race to replace Bush, has been conspicuously absent from involvement in the case.

That illustrates the political strain that stances taken by the governor and President Bush have put on candidates, particularly Republicans, hoping to run for statewide offices next year in Florida.

Besides choosing a new governor, Florida will vote on whether to re-elect Democratic Sen. Bill Nelson.

Polls indicate voters are overwhelmingly opposed to the Bushes' moves to intervene in the case. The religious right of the Republican Party is more likely to support it, but potential GOP candidates are reacting in different ways.

Crist and U.S. Rep. Katherine Harris, who may run against Nelson, have kept at arm's length.

Two other potential candidates for governor, Chief Financial Officer Tom Gallagher and Lt. Gov. Toni Jennings, have supported keeping Schiavo alive - possibly as an opportunity to burnish their conservative credentials, or in Jennings' case, as a representative of the Bush administration.

Democrats also face a risk if they oppose intervention in the case. Nelson opposed the proposal for a new nationwide law based on the Schiavo case, but went along with Republicans and some Democrats backing a law aimed at giving Schiavo's parents a final chance at a federal court appeal.

Nelson said he supported it as ``a way to finally settle the family's unending dispute.''

U.S. Rep. Jim Davis of Tampa and state Sen. Rod Smith of Gainesville, the two declared Democratic candidates for governor, have both opposed intervention. Davis adopted a high-profile role leading House opposition to Schiavo legislation.

Davis said the House action ``may turn out to be one of the most significant abuses of power by Congress in decades.''

Political Perils

The case presents risks on all sides, said University of South Florida political scientist Darryl Paulson. ``It's a profile- in-courage situation - both sides are looking for courageous politicians,'' he said. ``But where the courage is depends on where you sit.''

All three leading GOP candidates for governor - Crist, Gallagher and Jennings - have had reputations as moderates in the past and are moving right in anticipation of a primary contest. Gallagher and Crist, both previously known as pro-choice on abortion rights, now call themselves pro-life.

Crist's role as the state's top law officer has made his absence from the Schiavo case noticeable, Paulson said, but his reputation as a law enforcement hard-liner probably gives him more appeal to the party's conservative side on other issues.

Davis, he said, ``has probably taken a leap of faith more than any other'' with his high- profile stance. ``My view is he's probably helped himself as much as any other candidate by being out front and stating his position.''

Jennings in the past has distanced herself from legislative attempts to interfere in the case. Answering audience questions after a November 2003 speech in Clearwater, she declined to defend the constitutionality of a law passed by the state Legislature that required reinserting Schiavo's feeding tube after judicial rulings that it should be removed.

Instead, she replied, ``Unfortunately in my 24 years, we from time to time in the Legislature passed things that were not very constitutional.''

This year, however, Jennings, who was appointed to her position by Bush, has actively lobbied for his administration's views on the issue.

Jennings could not be reached for comment Tuesday. A spokeswoman said both Bush and Jennings ``have worked very hard and were urging members of the Legislature to take up this issue.'' Both, she said, are ``heartbroken ... by court rulings that continue to allow the starvation of Terri Schiavo.''

Crist and Gallagher, both elected officials, are not responsible to the governor.

Gallagher spoke March 13 at a Tallahassee rally opposed to removing the feeding tube. ``Our creator has given us life and liberty and the pursuit of happiness, and only he has the power to take it away,'' he said.

`Err On The Side Of Life'

Known for years as pro- choice on abortion rights, Gallagher acknowledged in an interview Tuesday that his view has changed, partly as result of having a son, now 6 years old.

``What I used to say was that I was uncomfortable in [forcing] my beliefs [on] other people,'' he said. ``If you want to say there's a change, I think you could, because I was not out front [as an antiabortion advocate] before.''

Asked about political risks from the issue, he said, ``I think it's the duty of public officials to err on the side of life.''

Crist could not be reached for comment Tuesday. A spokesman said the attorney general's office ``has served as counsel for the state of Florida in the case,'' assisting in writing legal briefs and other tasks, but no more.

``What he [Crist] has said all along is that it's a tragic case - that's his view,'' spokesman Bob Sparks said.

As attorney general, Crist defended the constitutionality of the 2003 law but said in a court filing that he ``takes no position on the merits of the action.''

Harris, who was traveling outside the country and not available, said in a statement through a spokesman, ``Given the opportunity for Congress to vote regarding Ms. Schiavo's right to life or death, as a choice of conscience, voting for her life is the only appropriate decision that I can personally make.''

Reporter William March can be reached at (813) 259-7761.



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