Replies

Future Legislation Aimed at Saving Terri Schiavo

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/03-08-2005/0003157167&EDATE=

Sen. Mel Martinez (R-FL) and Rep. David Weldon (R-FL)
Introduce Incapacitated Person's Legal Protection Act

WASHINGTON, March 8 /PRNewswire/ -- Today, Senator Mel Martinez (R-FL) and
Congressman David Weldon (R-FL) introduced legislation that could save the
life of Terri Schiavo, who suffered a brain injury 15 years ago. The
Incapacitated Person's Legal Protection Act (HR 1151, S 539) will give Terri,
and those in similar situations, the same Constitutional protection of due
process as death row inmates, common sense legislation. Presently, the law
does not explicitly recognize due process for an incapacitated individual and
leaves the rights of disabled persons at the mercy of the courts instead of
defended by the Constitution.
The Incapacitated Person's Legal Protection Act will not apply to
circumstances where an advance medical directive is in effect. The Act simply
provides a final avenue of review of the case to insure that a disabled
person's Constitutional rights of due process are maintained and that justice
is done.
"Dr. Weldon's legislation would allow Terri to have her own counsel that
can argue her case, a right given to any criminal in the United States, and
Terri not a criminal but a woman truly fighting for her life," says Tony
Perkins, President of Family Research Council.
"The disabled deserve due process," continues Perkins. "In the United
States we don't execute people without due process and we shouldn't execute
the incapacitated by starvation. Beyond being cruel and unusual punishment,
this is an opportunity for Congress to finally check the power of runaway
courts."
"We commend Senator Martinez and Congressman Weldon for taking the
initiative and acknowledging a vital inconsistency in the process by which our
courts determine the fate of those who cannot speak for themselves."

SOURCE Family Research Council
Web Site: http://www.frc.org

Disability Rights Groups Back Congressional Bill Helping Terri Schiavo

by Steven Ertelt
LifeNews.com Editor
March 8, 2005

Washington, DC (LifeNews.com) -- Disability rights groups announced Tuesday that they back new Congressional legislation that could provide Bob and Mary Schindler with another opportunity to save their daughter's life.

Florida Rep. Dave Weldon, a Republican, is introducing legislation today called the Incapacitated Person's Legal Protection Act. The bill would allow Terri's parents to use a "writ of habeas corpus" to take the case out of the Florida state courts and to the federal court system.

The habeas corpus review would apply for any other patients like Terri who are subject to involuntary starvation and that's what's earning it praise from disability activists.

"The non-voluntary and involuntary starvation and dehydration of people with disabilities is a more prevalent problem than most people realize," the disabled rights group Not Dead Yet said in a joint statement with other organizations.

"The involvement and concern of disability groups in this issue may come as a surprise to many policymakers," the statement explained. "Unfortunately, the media has ignored the disability interests in what has been commonly and erroneously referred to as a 'right to die' issue."

The group said the euthanasia debate has wrongly been portrayed as one between pro-life conservatives on one hand and pro-euthanasia liberals on the other.

Several groups joined Not Dead Yet in supporting the Weldon bill. They included: Center on Self-Determination, Freedom Clearinghouse, Hospice Patients Alliance, Mouth Magazine, National Spinal Cord Injury Association, Society for Disability Studies, World Association of Persons with Disabilities.

A representative of the National Right to Life Committee explained the policy behind the bill last week.

“Congress can act to ensure a federal court hearing on whether or not Terri will die of starvation and dehydration,” said Lori Kehoe, who monitors Congressional issues for the group's medical ethics division.

“A proceeding known as the ‘writ of habeas corpus,’ which is protected by the U.S. Constitution, has been used for centuries to give a hearing to those whose liberty has been constrained by state courts in violation of the Constitution or federal laws," Kehoe explained.

Normally, anyone can use a writ of habeas corpus, but NRLC says Congress needs to act in this instance because "is unclear that the current statutes and precedents give [Terri] a right to it."

Related web sites:
Not Dead Yet - http://www.notdeadyet.org
Terri Schiavo's parents - http://www.terrisfight.org