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Week Ending March 18, 2005

                                                                                         

HR 1332 to provide for the removal to Federal court of certain State court cases involving the rights of incapacitated persons, and for other purposes.
 

(Update March 20, 2005 - Congress continues the effort to produce a House and a Senate bill of equal content that can be signed quickly into law by President Bush.  The House will reconvene and attempt to pass a bill compatible with the Senate measure passed this week. That bill will then be sent to President Bush for his signature and will be come Public Law 109- 3, Ed.)

(Update March 21, 2005  A bill (S-686) virtually identical to the Senate bill on this matter (S-653)  was passed by the House 203 to 58  and the Senate by voice vote. The bill was then signed by president Bush) (Vote Results Here RC 90)
 

BRIEF

   The bill addresses an option available to an incapacitated person whose feeding tubes were ordered removed by a State court such that the person would then starve to death.

   If State court authorizes or directs the withholding or withdrawal of food or fluids or medical treatment from an incapacitated person, but does not include an undisputed claim or cause of action, and if the incapacitated person, before becoming incapacitated had made a directive valid under law that clearly authorized the withholding or withdrawal of food or fluids or medical treatment in the applicable circumstances the incapacitated person or next friend can remove the case to the Federal district court in the area.

   The court shall only consider if authorizing or directing the withholding or withdrawal of food or fluids or medical treatment constitutes a deprivation of any right, privilege, or immunity secured by the Constitution or laws of the United States.

   `Next friend' means an individual who has some significant relationship with the real party in interest, and includes a parent.'

 

Sponsor: Representative James F. Sensenbrenner Jr. (R-WI-5th)

Vote: Passed House by voice vote (March 16, 2005)

Cost to the taxpayers: No discernible cost.

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