Congressional Bill Would Protect Terri Schiavo, Disabled
by Steven Ertelt
LifeNews.com Editor
March 9, 2005
Washington, DC (LifeNews.com) -- Lawmakers in Congress made it official on Tuesday when they introduced legislation that would allow Terri Schiavo's family to take their case to prevent her starvation death through the federal court system.
Rep. Dave Weldon and Senator Mel Martinez, both Florida Republicans, introduced companion measures in the House and Senate. They said disabled patients like Terri Schiavo should be able to have the same rights as prisoners on death row.
"This legislation is about due process equal protection for disabled individuals like Terri Schiavo," Martinez said. "It ensures Terri has the same federal legal protections as convicted murderers."
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 federal courts. The habeas corpus review would apply to any other patients like Terri who are subject to involuntary starvation and that's what's earning it praise from disability activists.
However, George Felos, the euthanasia advocate who is Michael Schiavo's lead attorney, told the Sun-Sentinel newspaper that the legislation was a "horrible" idea.
"To allow never-ending federal review of state court decisions would make it virtually impossible to carry out patients' wishes if anyone in the family disagreed," he claimed.
Felos said the bill was unconstitutional and could cause years of delays in Terri's parents' case if it becomes law. Supporters of the bill counter that what has been unconstitutional is the violation of Terri's 14th Amendment due process rights.
"A court order to withdraw food and water is pretty extreme. For the federal legal system to sit by idly and let the state do that would be a dereliction of duty," Weldon said in explaining the rationale behind his bill.
Weldon and Martinez are hopeful they can run their bills quickly through the legislative process. Already, 62 of the 435 members of the House of Representatives have signed on a co-sponsors of Weldon's measure.
Passing the bill in the Senate may prove more difficult -- especially if any senator launches a filibuster. At that point, 60 votes would be needed to end debate and vote on the bill.
ACTION: Contact any Representative at http://www.house.gov/house/MemberWWW.shtml or any Senator at http://www.senate.gov/general/contact_information/senators_cfm.cfm. You can also reach any member of Congress by calling 202-224-3121.
State Legislature may be drafting Terri's Law, the sequel
http://www.tampabaylive.com/stories/2005/03/050308schiavogov.shtml
TALLAHASSEE - The governor gave his State of the State address to the Florida Legislature on Tuesday, outlining his goals for the coming legislative session. He did not mention any proposals aimed at keeping Terri Schiavo alive, but that doesn't mean he's not thinking about it.
Pushing through a gaggle of reporters, Jeb Bush did say he'd like to move quickly on a bill to keep Terri Schiavo alive.
"Well, by definition, it's going to have be done -- I don't know what 'it' is, to be fair about it -- but it would have to be pretty soon," he told Action News reporter Don Germaise.
But it's not clear if lawmakers will beat the March 18 deadline, which is when a judge says Terri's feeding tube can be removed.
"There are very, very bright lawyers in the Florida House and Senate looking at this issue, and it's not easy. I don't want to get expectations up; there may not be a legislative remedy for this issue, but we're going to give it a try in the Florida House," House Speaker Allan Bense said.
Clearly, lobbying has begun 10 days before this latest deadline -- including, apparently, Terri Schiavo's husband," who is fighting Terri's parents to have her life support disconnected.
"I got a phone call today from Mr. Schiavo," Senate President Tom Lee said. "We're going to try to be fair to him and fair to Terri and all the people who have feelings about end-of-life issues,"
Several lawmakers told Action News they suspected the new law may be just as unconstitutional as the original Terri's law, but some planed to press ahead with it anyway.
A similar effort may be gaining steam in the U.S. Congress. Two congressional lawmakers introduced legislation Tuesday that could be pivotal in the case.
David Gibbs III, the attorney for Terri's parents, argues that Michal Schiavo is obliged to consider new treatment.
New Florida senator Mel Martinez and Congressman David Weldon from Florida's Space Coast say the Incapacitated Person's Legal Protection Act will give Terri, and those like her, the constitutional protection of due process.
Meanwhile, a Pinellas County judge Tuesday denied a request by Terri Schiavo's parents to try to feed their daughter once her feeding tube is removed. But the Schindlers were back in court with new motions.
The family's attorney argued medical advancements made over the past two and a half years may be able to rehabilitate Terri. But Michael Schiavo's attorney says the treatments the family proposed won't help someone in Terri's condition.
"The court doesn't act on a public opinion poll of doctors," George Felos stated.
Judge Greer will decide by Wednesday afternoon whether more should be heard on the motions introduced Tuesday.