Has the GOP Conservatives finally had Enough of the Extremist in the GOP?

G.O.P. Right Is Splintered on Schiavo Intervention

WASHINGTON, March 22 - The vote by Congress to allow the federal courts to take over the Terri Schiavo case has created distress among some conservatives who say that lawmakers violated a cornerstone of conservative philosophy by intervening in the ruling of a state court.

The emerging debate, carried out against a rush of court decisions and Congressional action, has highlighted a conflict of priorities among conservatives and signals tensions that Republicans are likely to face as Congressional leaders and President Bush push social issues over the next two years, party leaders say.

"This is a clash between the social conservatives and the process conservatives, and I would count myself a process conservative," said David Davenport of the Hoover Institute, a conservative research organization. "When a case like this has been heard by 19 judges in six courts and it's been appealed to the Supreme Court three times, the process has worked - even if it hasn't given the result that the social conservatives want. For Congress to step in really is a violation of federalism."

Stephen Moore, a conservative advocate who is president of the Free Enterprise Fund, said: "I don't normally like to see the federal government intervening in a situation like this, which I think should be resolved ultimately by the family: I think states' rights should take precedence over federal intervention. A lot of conservatives are really struggling with this case."

Some more moderate Republicans are also uneasy. Senator John W. Warner of Virginia, the sole Republican to oppose the Schiavo bill in a voice vote in the Senate, said: "This senator has learned from many years you've got to separate your own emotions from the duty to support the Constitution of this country.

These are fundamental principles of federalism."
"It looks as if it's a wholly Republican exercise," Mr. Warner said, "but in the ranks of the Republican Party, there is not a unanimous view that Congress should be taking this step."
In interviews over the past two days, conservatives who expressed concern about the turn of events in Congress stopped short of condemning the vote in which overwhelming majorities supported the Schiavo bill, and they generally applauded the goal of trying to keep Ms. Schiavo alive.

But they said they were concerned about what precedent had been set and said the vote went against Republicans who were libertarian, advocates of states' rights or supporters of individual rights.