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Congressman Introduces Bill Proposing Schindler Recourse to Federal Court
LifeSite News ^ | 3-4-2005 | LifeSite News

Posted on 03/05/2005 3:53:28 PM PST by AliVeritas

WASHINGTON, March 4, 2005 (LifeSiteNews.com) – A US congressman is preparing to introduce a bill that would provide incapacitated persons such as Terri Schiavo a complete review of their cases in federal court.

The bill provides hope to her parents and other pro-lifers who are fighting to keep her alive, although there is some question as to whether it can pass Congress in time. It is scheduled to be introduced the week of March 6, while her feeding tube is scheduled to be removed March 18. The bill has yet to be introduced in the Senate.

The bill by Rep. Dave Weldon, R.-Fla., would provide Schiavo and other similarly incapacitated persons all the legal protections often associated with death row inmates, such as the right to a “de novo review” – that is, a review by another court of all the evidence.

The bill, dubbed the Incapacitated Persons Legal Protection Act, would apply to disabled persons like Schiavo who are facing a court-ordered death. If her feeding tube is removed, she will die of starvation and dehydration within a matter of days.

“Terri has never been afforded independent counsel in a matter that will result in her life or death,” Weldon said on the House floor March 3. “Terri has had no voice of her own in these legal proceedings … The case of Terri Schiavo deserves a second look by an objective court.”

(Excerpt) Read more at lifesite.net ...


TOPICS: Culture/Society; Extended News; Government; News/Current Events; US: Florida
KEYWORDS: 109th; daveweldon; euthanasia; schiavo; terrischiavo; terrisfight
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1 posted on 03/05/2005 3:53:29 PM PST by AliVeritas
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To: AliVeritas

2 posted on 03/05/2005 3:56:34 PM PST by BykrBayb (5 minutes of prayer for Terri, every day at 11 am EDT, until she's safe. http://www.terrisfight.org)
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To: BykrBayb

This is just one more example of the federal government gettting involved in that which is clearly an issue of the state government. The 10th amendment just doesn't mean much anymore!
The state courts have reviewed the case ad infinatum; if the state law needs to be changed, it should be done at the state level!


3 posted on 03/05/2005 4:07:08 PM PST by Froggie
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To: AliVeritas

Okay, I read the entire article. Nowhere is the name Schindler used, let alone in context of recourse. Perhaps the poster can explain the 'Schindler' reference to those of us who are in the dark.


4 posted on 03/05/2005 4:10:51 PM PST by diogenes ghost
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To: diogenes ghost

Schindler is Terri Schiavo's maiden name. Her parents, the Schindlers, have been advocating keeping their daughter alive.


5 posted on 03/05/2005 4:12:33 PM PST by Cboldt
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To: Froggie

The legislature of Florida has attempted to act. The black robed oligarchy won't permit it....they've made up their minds that Terri will die no matter what.

And in our day, the black robes are the dictators.


6 posted on 03/05/2005 4:20:34 PM PST by xzins ( Retired Army Chaplain and Proud of it!)
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To: Froggie

The Constitution and Bill of Rights is there to protect all of us, regardless of which state we live in. I don't see any problem with the federal government protecting our Constitutional Rights. Could you explain why you do?


7 posted on 03/05/2005 4:21:09 PM PST by BykrBayb (5 minutes of prayer for Terri, every day at 11 am EDT, until she's safe. http://www.terrisfight.org)
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To: Froggie

Oops.

The Constitution and Bill of Rights are there...


8 posted on 03/05/2005 4:22:41 PM PST by BykrBayb (5 minutes of prayer for Terri, every day at 11 am EDT, until she's safe. http://www.terrisfight.org)
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To: Froggie

You might not want to admit this, as you chose not to mention it, but the entire point of the bill is to give someone like Terri, who was sentenced to die when there is no written directive and the facts are in dispute, the same access to the Federal Courts that deathrow inmates have always had, before she is put to death, in this case by starvation and dehydration. You have a problem with granting her the same rights as a mass murderer to have her case reviewed before sentencing is carried out? If so, how very strange.


9 posted on 03/05/2005 4:30:54 PM PST by txrangerette
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To: BykrBayb

I've been waitng for this.

Calling my congress critter and both Senators on Monday AM


And I still want Terri hooked up to a polygraph or equivalent and asked what she thinks.


10 posted on 03/05/2005 4:30:55 PM PST by From many - one. (formerly e p1uribus unum)
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To: Ohioan from Florida

Ping!


11 posted on 03/05/2005 4:35:42 PM PST by Lauren BaRecall (Disconnect GREER, not the feeding tube!!!)
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To: txrangerette

I admit, I don't have all the facts in this particular case, but as a rule I believe the federal government should "butt out" of issues that are state's issues.
This case has been and continues to be determined by the Florida courts rightfully where it belongs.
The courts have heard all the arguements how many times? and each time they heard a full review of the facts (something I would hazard a guess no one here on FR has been able to do) and made their decision in keeping with the laws of the state of Florida.
Change the state laws, change the state courts - but keep the feds out of state issues.
I am in sympathy with the parents and really do not understand why her husband doesn't and hasn't divorced her and let them have custodial rights - but unless the Florida courts rule otherwise, he will have his wishes granted for the withdrawal of her enteral feedings and the laws of Florida will be upheld.
My spouse and I have discussed what we would want - and I would not allow anyone to interfere with that choice....so maybe, just maybe, he is right and this is her wish ....who of us can say?


12 posted on 03/05/2005 4:56:52 PM PST by Froggie
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To: Froggie

Well said sir, well said.


13 posted on 03/05/2005 5:07:13 PM PST by org.whodat
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To: Froggie

He needs her to die for two reasons that I am aware of:

His new woman can't marry him in the Catholic church while he is married to Terri, and divorce isn't allowed.

There are funds, and I believe, an insurance policy not available to him until she dies.


14 posted on 03/05/2005 5:10:45 PM PST by From many - one. (formerly e p1uribus unum)
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To: Froggie
TERRI COMMUNICATES/MICHAEL SCHAIVO INCONSISTENT TESTIMONY
15 posted on 03/05/2005 5:11:40 PM PST by nicmarlo
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To: cyn; pc93; amdgmary; Ohioan from Florida

ping


16 posted on 03/05/2005 5:13:11 PM PST by nicmarlo
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To: Froggie

"The state courts have reviewed the case ad infinatum; if the state law needs to be changed, it should be done at the state level!"

You are absolutely 100% right.


17 posted on 03/05/2005 5:18:46 PM PST by flaglady47
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To: From many - one.

Gee, I seem to recall Ted Kennedy getting remarried in the Catholic Church -- and Joan is still alive !!
And what person would care about getting married in a Catholic Church, and not be concerned about having another married man's children? That is strange indeed if that is a motivation to not divorce her.
The insurance issue I was not aware of..how much money are we talking here? I would imagine that money won't come close to paying the legal bills he's had over the years.
I seem to recall there was a legal settlement but that money has been exhausted paying for her medical care - feel free to correct me if I am mistaken.


18 posted on 03/05/2005 5:20:16 PM PST by Froggie
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To: AliVeritas

DCF needs to investigate this in their probe re: Terri Schiavo

Information, materials, etc. pertinent to crimes being perpetrated against Theresa Schindler Schiavo and pertinent to a current DCF investigation listed below:

http://tekgnosis.typepad.com

Let your Congressman and Senator know and tell them to vote in favor of the Incapacitated Person's Legal Protection Act as well.

NOTE: Free faxing for entire Washington D.C. area:

http://www.tpc.int/sendfax.html (send a free fax from your web browser)

Format of number to input is:

(ex. Pres. U.S. [POTUS]) -> 1 202 456 2461
(ex. Ashcroft) -> 1 202 514 1009
Vice Pres. Dick Cheney 1 202 456 2710

U.S. Senators and Congressmembers, etc.

http://www.senate.gov/general/contact_information/senators_cfm.cfm


19 posted on 03/05/2005 5:21:42 PM PST by pc93 (http://www.blogsforterri.com)
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To: Froggie

OK. Let's follow that logic. State law says that your grandmother is too feeble and needs to die. Or your disabled son is too expensive to rehabilitate.

Hello? Ever heard the term "useless eaters"?

I'm certainly not an expert, but maybe you're not up to speed on all the allegations regarding the husband's motives -- not to mention his attorney's. (One story I read said his attorney wrote a book claiming he can communicate with comatose people, and by the way, they want to die. Talk about a psychic hotline...)

Regarding the courts: It's been heard primarily by one judge. One. And just the other day it was reported that he disallowed testimony that spoke to her desire to live if ever incapacitated.

Terri's parents claim she's been denied rehab, as well proper medical and dental care -- and all they want to do is bring her home.

If the Federal Government can't get behind that -- or won't -- then we've got a bigger problem than we thought, Froggie.

States' rights, yes. Judicial euthanasia, never.



20 posted on 03/05/2005 5:32:58 PM PST by oneday
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