For the relief of the parents of Theresa Marie Schiavo. (Considered and Passed by Senate)

thomas.gov ^ | 3/20/05 | Senate

[teenyelliott]

For the relief of the parents of Theresa Marie Schiavo. (Considered and Passed by Senate)

S 686 CPS

109th CONGRESS

1st Session

S. 686 For the relief of the parents of Theresa Marie Schiavo.

IN THE SENATE OF THE UNITED STATES

March 20, 2005 Mr. FRIST (for himself, Mr. MARTINEZ, and Mr. SANTORUM) introduced the following bill; which was read twice, considered, read the third time, and passed

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AN ACT For the relief of the parents of Theresa Marie Schiavo.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO.

The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

SEC. 2. PROCEDURE.

Any parent of Theresa Marie Schiavo shall have standing to bring a suit under this Act. The suit may be brought against any other person who was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo, or who may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.

SEC. 3. RELIEF.

After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

SEC. 4. TIME FOR FILING.

Notwithstanding any other time limitation, any suit or claim under this Act shall be timely if filed within 30 days after the date of enactment of this Act.

SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS.

Nothing in this Act shall be construed to create substantive rights not otherwise secured by the Constitution and laws of the United States or of the several States.

SEC. 6. NO EFFECT ON ASSISTING SUICIDE.

Nothing in this act shall be construed to confer additional jurisdiction on any court to consider any claim related--

(1) to assisting suicide,

(2) a State law regarding assisting suicide.

SEC. 7. NO PRECEDENT FOR FUTURE LEGISLATION.

Nothing in this Act shall constitute a precedent with respect to future legislation, including the provision of private relief bills.

SEC. 8. NO EFFECT ON THE PATIENT SELF-DETERMINATION ACT OF 1990.

Nothing in this act shall affect the rights of any person under the Patient Self-Determination Act of 1990.

SEC. 9. SENSE OF THE CONGRESS.

It is the Sense of the Congress that the 109th Congress should consider policies regarding the status and legal rights of incapacitated individuals who are incapable of making decisions concerning the provision, withholding, or withdrawal of foods, fluid, or medical care.

[teenyelliott]

This is the actual Senate bill that was passed.

[Saundra Duffy]

Call Gov Jeb Bush and demand that he take Terri into protective custody RIGHT NOW in order to investigate outstanding charges of abuse, neglect and exploitation by his very own Dept. of Children and Families.

Jeb Bush's # 1-850-488-4441 - Terri can't wait 'til 3 p.m. today.

[teenyelliott]

ping

[frogjerk]

LIBs:"The timing of this bill is suspicious"

This sure seem unconstitutional to me... -sarcasm

[frogjerk]

Rebuttal:

1)Yet they did it. So you are wrong. Check out the Senate bill. Congress passes private bills all of the time.

2)The woman's brain is not gone. You don't know the facts. The woman has yet to receive any treatment that was promised in the settlement. Are you even following the case?

3)Terri's husband isn't dead. Anyway, he cannot bury a living person. Terri is not hooked up to any machine. All she needs is to be fed. Young children and some elderly are in the same situation. Should we let them starve?

Don't you think it is a conflict of interest that the person who has a say over whether she lives or dies (Michael) is also the beneficiary of the life insurance policy? This is called murdering your wife for profit, which is immoral and illegal.

[teenyelliott]

This is NOT a case justified in being taken to the Federal level by any Constitutional clause of which I am aware

article by Mark Levin

[agere_contra]

The legislature can make any law it likes, as long as the Consititution doesn't forbid it.

[Recovering_Democrat]

[Recovering_Democrat]

[Future Useless Eater]

to any of the liberals that claim this bill applies to only ONE PERSON, they are wrong. it clearly says to ANY PARENT of Theresa Marie Schiavo... So that automatically makes it apply to at least TWO people.

But then there is the fact that there are MANY Theresa Schiavo's in the country, and at least several Theresa M Schiavo's in the country, although I don't know if any of those have a middle name of marie.... some might, especially those with a middle initial of "M".

And then there's the sentence near the end that clearly applies to: "the status and legal rights of [ANY] incapacitated individuals who are incapable of making decisions concerning the provision, withholding, or withdrawal of foods, fluid, or medical care.

[teenyelliott]

So are you happy with this legislation, or do you think it is encroaching on freedom and individual rights?

[Future Useless Eater]

I'm happy with any legislation that gives innocent life about to be put to death the same protections as serial killers about to be put to death.

I'm not sure if this bill is even strong enough though, because in this case even if she gets a 'trial de novo', it STILL may have the looser burden of proof (preponderance of evidence) instead of (beyond any reasonable doubt) like a murder would be allowed.

And the retrial of her case's 'facts' may STILL be decided by just ONE judge, instead of a unanimous jury of 12 unbiased citizens.

[conservatism_IS_compassion]

the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings.

"De novo." I think that's Latin for, "Michael Schiavo is back to square one."