S686sMAR18

TheWeekInCongress.com

Week ending March 18, 2005*

This is an update and took place after March 18, 2005)

S 686 to provide for the relief of the parents of Theresa Marie Schiavo.

BRIEF

The bill provides the parents of Theresa Marie Schiavo, a Florida woman who has been in what some call a vegetative state for nearly 15 years and who’s life support systems were removed by a Florida court, the opportunity to have the case heard de novo by a Federal court also in Florida. The case has been litigated extensively always to the same end: According to her husband Ms. Schiavo’s wishes when she was whole was not to live on life support. Her parents did not believe that was her wish and want to take care of her for the remainder of her life. Adding urgency to the matter the most recent court hearing resulted in the removal of Ms. Schiavo’s feeding tubes only days earlier. The de novo ruling would require the Federal judge to hear the case anew although he would rely on previous evidence and testimony.

In an odd twist, the bill is designed to protect Ms. Schiavo’s rights to continue living when her rights to not continue living are already guaranteed and are to be carried out by her guardian; her husband. The bill has had a dramatic place in the news cycles and represents – well intended or well founded or not – the interest of bill supporters who disagree with the guardian’s decision.

His right to make that decision on behalf of what he said were his wife’s wishes was not brought into question, but the bill suggests that “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.”

The other unusual aspect of the bill is that it applies only to the Theresa Schiavo matter and no others.

Sponsor: Senator Bill Frist (R-TN)

Vote: Passed Senate by voice vote (March 21, 2005) Passed House (March 21, 2005) 203 to 58, 76 not voting (RC 90) Signed by President Bush as Public Law 109 - 3. (March 21, 2005)

Cost to the taxpayers: No discernible cost.