House Votes to Move Schiavo Case

The U.S. House passed legislation late yesterday to delay removal of the feeding tube that is keep- ing alive a brain-damaged woman whose husband has been given permission by a state court to allow her to die.

The House bill, passed on a voice vote, would move such a case to federal court. Federal judges have twice turned down efforts by Schiavo's parents, Bob and Mary Schindler, to move the case out of Florida courts, citing a lack of jurisdiction.

Republicans in the U.S. Senate are introducing a separate bill to give Schiavo and her family standing in federal court, and they hope it can be debated today, a GOP aide said.

I have a question? I ask it seriously. You mentioned your mom dying of cancer. I have no doubt that your mom was a "saint".

The question I have is this: Did you and your family pull the plug on her? I'm not judging you. No none wants to see see a loved one suffer. We all have to make decisions in life that we would rather not be faced with.

The reason I ask is that it seems to me that euthanasia, as with abortion, people seem to take positions that justify their own decisions in the past. We need to get past that.

My mother-inlaw died of kidney failure 20 years ago. She made a decision that she didn't want to go to dialiass anymore. She refused to go and died within a week. My father-inlaw suffered over her decision. Even though it was not his decision, he was very guilt ridden for permitting it.

One of the problems we have with abortion today is that so many people have made a misguided decision, or been involved in it, that it's very painful, as a society to condemn it for what it is.

FLORIDA SENATORS WHO ARE UNDECIDED OR AGAINST THE BILL

"Some Senate Republicans say they haven't decided if they will support the bill, including Victor Crist of Tampa, Lee Constantine of Altamonte Springs, Jeff Atwater of North Palm Beach and Rudy Garcia of Hialeah."

http://www.sptimes.com/2005/03/17/Tampabay/US_House_acts_to_save.shtml

"Two Republican senators, Nancy Argenziano of Dunnellon and J.D. Alexander of Lake Wales, said they will vote against the bill. They were among the six Republican senators who voted against the 2003 bill."

PLEASE CALL THE FLORIDA SENATORS TO URGE THEM TO SUPPORT HB 701

UNDECIDED:

Senator Victor Crist
Phone: (850) 487-5068
E-mail: Email: crist.victor.web@flsenate.gov

Senator Lee Constantine
Phone: (850) 487-5050
E-mail: constantine.lee.web@flsenate.gov

Senator Jeff Atwater
Phone: (850) 487-5100
E-Mail: atwater.jeffrey.web@flsenate.gov

Senator Rudy Garcia
Phone: (850) 487-5106
E-Mail: garcia.rudy.web@flsenate.gov

AGAINST THE BILL:

Senator Nancy Argenziano
Phone: (850) 487-5017
E-mail: argenziano.nancy.web@flsenate.gov

Senator J.D. Alexander, Majority Whip
Phone: (850) 487-5044
E-mail: alexander.jd.web@flsenate.gov

House Passes Sensenbrenner/Weldon Legislation Protecting Terri Schiavo

3/16/2005 11:54:00 PM

To: National Desk

Contact: Jeff Lungren or Terry Shawn, 202-225-2492, both of House Committee on the Judiciary

WASHINGTON, March 16 /U.S. Newswire/ -- The House tonight by voice vote passed H.R. 1332, the "Protection of Incapacitated Persons Act of 2005."

H.R. 1332 now moves to the Senate for consideration. House Judiciary Committee Chairman F. James Sensenbrenner Jr. (R-Wis.), who introduced H.R. 1332 with Rep. Dave Weldon (R-Fla.), delivered the following remarks during the debate: "I rise today in support of H.R. 1332, the Protection of Incapacitated Persons Act of 2005, which I introduced today with the gentleman from Florida, Dr. Weldon.

"Mr. Speaker, the Florida courts are poised to determine that Terri Schiavo will have her feeding tube removed on Friday. This legislation will protect Ms. Schiavo from starving to death by allowing her to have a federal court consider her case anew, unrestricted by the findings of the state court.

"H.R. 1332 authorizes the removal of cases in State court to U.S. federal court to vindicate the federal rights of incapacitated persons under the U.S. Constitution or any federal law. Such proceedings would be authorized after an incapacitated person has exhausted available State remedies and the relevant papers must be filed in federal court within 30 days after the exhaustion of available State remedies.

"What's going on in Florida regarding Terri Schiavo is nothing short of inhumane. She's facing what amounts to a death sentence, ensuring she will slowly starve to death over a matter of weeks. Terri Schiavo -- a woman who smiles and cries and who is not on a respirator or any other 24-hour-a-day medical equipment -- has committed no crime and she has done nothing wrong. Yet the Florida courts seem bent on setting an extremely dangerous precedent by saying we must stop feeding someone who can't feed herself. Who's next -- the disabled or those late in life?

This legislation is the humane and right thing to not only protect Terri Schiavo, but also to reinforce the law's commitment to justice and compassion for all, especially the most vulnerable.

"This bill applies to anyone who might find themselves in Terri Schiavo's situation, namely those who are in an incapacitated state and facing a court order authorizing 'the withdrawal or withholding of food or fluids or medical treatment necessary to sustain the incapacitated person's life.' The bill applies only to medically incapacitated persons and not to convicted criminals or those facing the death penalty, for example.

"Furthermore, it applies only to those who have not executed in advance a written directive -- commonly known as a 'living will' -- that clearly authorizes the withholding or withdrawal of food, water, and medical treatment in the event the person becomes incapacitated.

"What Terri Schiavo and all disabled people deserve, in contested cases, is for justice to tilt toward life. When a person's intentions regarding whether to receive life-saving treatment are unclear, the clear choice is to provide an innocent person with the opportunity to have a federal court provide a 'double-check' for life under federal law -- unencumbered by the decisions of a state court. A measure of a Nation's commitment to innocent life is measured in its laws by the extent to which the laws go to save it. This bill takes that extra step, not just for Terri Schiavo, but for all of us. I urge every Member of this House to take that step with me, and overwhelmingly pass this bill."

http://releases.usnewswire.com/GetRelease.asp?id=44508

House Passes Bill to Save Terri Schindler Schiavo

By Susan Jones
CNSNews.com Morning Editor

March 17, 2005

(CNSNews.com) - The U.S. House of Representatives passed a bill Wednesday night that might save the life of Terri Schindler Schiavo and other medically incapacitated people.

The "Protection of Incapacitated Persons Act of 2005" (H.R. 1332), which passed by voice vote, now moves to the U.S. Senate for consideration.

House Judiciary Committee Chairman F. James Sensenbrenner Jr. (R-Wis.), who introduced the legislation with Rep. Dave Weldon (R-Fla.), told his fellow lawmakers the bill would protect Terri, a brain-damaged Florida woman, from starving to death by allowing a federal court to consider her case - unrestricted by the findings of state courts.

Cases like Terri's would be moved to federal courts after state remedies are exhausted.

"What's going on in Florida regarding Terri Schiavo is nothing short of inhumane," Sensenbrenner said. "She's facing what amounts to a death sentence, ensuring she will slowly starve to death over a matter of weeks."

Terri's feeding and hydration tube will be removed at her husband's insistence, and against her parents' wishes, at 1 p.m. EST on Friday.

"Terri Schiavo -- a woman who smiles and cries and who is not on a respirator or any other 24-hour-a-day medical equipment -- has committed no crime and she has done nothing wrong. Yet the Florida courts seem bent on setting an extremely dangerous precedent by saying we must stop feeding someone who can't feed herself. Who's next -- the disabled or those late in life?

Sensenbrenner called the bill a way to reinforce the legal protection for the most vulnerable, and he noted that it applies not just to Terri, but to anyone who might find themselves in Terri's situation.

"What Terri Schiavo and all disabled people deserve, in contested cases, is for justice to tilt toward life," Sensenbrenner said; and when a person's intention regarding life-support are unclear, it's all the more important to have a federal court provide a "double check for life," he added.

"This bill takes that extra step, not just for Terri Schiavo, but for all of us."

The Christian Coalition of America is among the pro-life groups praising the House for its quick action on the bill, and it is urging the Senate to also pass the bill when it reaches the Senate floor - probably today (Thursday).

"There were numerous outstanding speeches on the House floor Wednesday night in support of "Terri's Law II," the Christian Coalition noted.

The group expects President George W. Bush to sign 'Terri's Law II' on Thursday night or Friday morning, and it noted that Bush's brother, Gov. Jeb Bush, signed the first law to save Terri's life in Oct. 2003.

That Florida law was ultimately overturned, and a Florida judge has repeatedly ruled against motions filed by Terri's parents since then.

http://www.cnsnews.com//ViewNation.asp?Page=\Nation\archive\200503\NAT20050317a.html

I tried to send the following letter to the AG of Florida. It bounced back. Anyone have the address?

Mr. Attorney General Crist,

Thank you for reading my email. I am expressing to you today my concerns over the killing of Terri Schiavo, and the ability of one judge, in your system, to order the killing of another innocent, helpless humanbeing.

I know that you are aware of the case. Please just allow me to make a few points, that I have not seen anyone else address.

The Terri Schiavo case is a very clear case of civil rights violation, by the state, of an American Citizen.

Terri's religious rights are being violated, by the state of Florida. Terri is a life-long Catholic. She did not publicly or privately renounce her faith before her "accident". And so, it is unconstitutional for the state to force her to participate in any act, which would be a sin, in the eyes of her church. The state can not force her to violate her conscience and her sincerely held religious beliefs! The Pope has clearly condemned the starvation and dehydration of an individual as a sin. Suicide is clearly a sin. Terri would not agree to starving herself to death, as this act would be against her publicly declared religious beliefs. She publicly was baptized and confirmed into the faith; and followed that up with the public marriage sacrament. These acts were strong declarations of her faith. These public, and witnessed acts and declarations of faith should hold much more weight as to what Terri's wishes would be, than the declaration of a adulterous husband, four years and a 1.6 million dollar settlement after her "accident"!

Judge Greer denied Terri's religious rights, by forbidding, from his bench, anything being given to Terri by mouth; including the communion sacrament. For Catholics this is the most spiritual aspect of their religion. It is the essence of their religious beliefs. In case you do not understand this belief, the Catholic believes that they actually receive the Holy Spirit through this act. For the state to deny this solemn act of religious faith, is an abhorrent interference into Terri's first amendment rights! This clearly is a case of the state; the government "prohibiting the free exercise thereof;"
of Terri's constitutionally guaranteed rights! Do your duty to put a stop to this.

Another point that this case brings up, is the husband treating his wife's body like property! This sets women's rights back to the 19th century! Terri is being treated as her husband's property by the courts.

Lastly, Judge Greer, acting on the authority of the State of Florida, is going to deny Terri's globally accepted humanitarian right to nourishment! His actions violate every treaty this country has ever signed!

Judge Greer will not allow Terri to receive any nourishment at all. He will not allow Terri to receive swallow therapy, to see if she could possibly live a normal life! She gets no chance to live at all! Cleary a violation of her 'RIGHT TO LIFE" that our United States Constitution guarantees! The state does not have the right to deny any American the ability to eat!

Judge Greer has certainly violated the Constitution in Terri's case, in several areas. As I have stated, first amendment rights have been violated. Clearly her 5th Amendment rights have also been violated in the past, and again on Friday:

"......nor be deprived of life, liberty, or property, without due process of law"

Then move to the 7th:
"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law."

Terri's value is much more than Twenty dollars! Give her a jury trial. Let a jury decide what Terri's "wishes" in this case are.

Please do your duty to protect and defend the Constitution of the United States from this court, which has become a "domestic enemy"!

Thank you,
Linda Cruz

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