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Protection for the Disabled

http://www.petitiononline.com/TerriLaw/petition.html

1 posted on 03/31/2005 12:41:55 PM PST by FR_addict
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To: FR_addict

Question: Has any "online petition" actually acheived its stated goals?


2 posted on 03/31/2005 12:42:56 PM PST by Phantom Lord (Advantages are taken, not handed out)
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To: FR_addict

Signed:)


3 posted on 03/31/2005 12:52:15 PM PST by msp2004
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To: FR_addict
This is a state issue, not a federal issue. I wouldn't have said that while there was still a chance of saving Terri's life, but now that that failed, we need to keep the Constitution in mind once again. I don't want to see this tragedy used to expand the power of government even further.
4 posted on 03/31/2005 12:55:11 PM PST by inquest (FTAA delenda est)
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To: FR_addict

I don't think euthanasia should be legal.


6 posted on 03/31/2005 12:58:28 PM PST by TheDon (Euthanasia is an atrocity.)
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To: FR_addict
No State . . . shall deprive any person of life . . . without due process of law...

Well I think the dozens and dozens of hearings meet the requirement of "due process of law" don't you? Probably not...

10 posted on 03/31/2005 1:02:41 PM PST by Lunatic Fringe (North Texas Solutions http://ntxsolutions.com)
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To: FR_addict
"(b) Subsection (a) does not apply in the case of a judicial proceeding in which no party disputes, and the court finds, that the incapacitated person, while having capacity, had executed a written advance directive ... valid under applicable law that clearly authorized the withholding or withdrawal of food or fluids or medical treatment in the applicable circumstances."

Clearly?

Just who's definition of clearly will we use?

The states? A Priests? A ministers? A Rabbis? A Freepers?

No thanks, and I only got to "clearly" as a definition you want to use to clarify my living will.

13 posted on 03/31/2005 1:10:01 PM PST by G.Mason (If you get upset that I ignore you please feel free to contact the management)
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To: FR_addict
in honor of Terri Schiavo.
20 posted on 03/31/2005 1:29:07 PM PST by the invisib1e hand (God rest Terri Schiavo. God help us.)
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To: FR_addict

This was the compromise bill that was passed by Congress:
For the relief of the parents of Theresa Marie Schiavo. (Enrolled as Agreed to or Passed by Both House and Senate)

--S.686--

S.686

One Hundred Ninth Congress

of the

United States of America

AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,

the fourth day of January, two thousand and five

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, or

(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 AFFECT 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 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.
Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.


32 posted on 03/31/2005 3:19:40 PM PST by FR_addict
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To: FR_addict

I like this comment made by one of the signers:

This bill needs to be made to say that unless there is an advance directive directly giving permission to withold food and water that it CONNOT BE ORDERED BY GUARDIAN OR COURT!!

We need to add to the bill!


35 posted on 03/31/2005 4:45:47 PM PST by FR_addict
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To: FR_addict

Thank you.


36 posted on 03/31/2005 4:48:06 PM PST by livius
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To: FR_addict
This is the very least that can be done. We need to see to it that every state reviews and revises their state laws as well.

That judge should have been removed from the case, there should be some option to have another judge appointed when it becomes so obvious that the judge is biased.

39 posted on 03/31/2005 4:59:00 PM PST by McGavin999
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To: Ohioan from Florida

Would you ping Terri's supporters?
The Schindlers have been informed of this petition.

Perhaps more of Terri's supporters would be interested in supporting a stronger bill for the disabled if they knew about it.

Another freeper is planning to contact some attorneys that came out in support of Terri to tell us if we need anything else in the House bill to prevent activist judges from ignoring this law.


44 posted on 04/01/2005 5:46:39 AM PST by FR_addict
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To: FR_addict

Protection for the Disabled
http://www.petitiononline.com/TerriLaw/petition.html


66 posted on 04/01/2005 7:22:31 PM PST by FR_addict
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To: FR_addict

Here's the final vote on the compromised version of Terri's bill in the US House:
http://clerk.house.gov/evs/2005/roll090.xml

The US Senate used a voice vote:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN00686:@@@X

Here's the co-sponsors that were supporting Terri's bill on one of the earlier versions:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN00653:@@@P

This may help us sort the good guys from the bad guys. It looks like the Senate members didn't put their votes on record.


71 posted on 04/04/2005 7:22:19 PM PDT by FR_addict
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To: All

A new organization called Justice For Terri Committee is planning on hiring an investigatin firm to look into Terri's case.

I like the idea of hiring an independent investigative agency.

I posted information on the group here:

Scared to Death by The Starved to Death - ( Terri )
http://www.freerepublic.com/focus/f-news/1383882/posts?page=1#1


74 posted on 04/14/2005 3:16:45 PM PDT by FR_addict
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