House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-Wis.) and Rep. Dave Weldon (R-Fla.) today sponsored legislation to protect Terri Schiavo from starving to death by allowing her to have a federal court consider her case anew, unrestricted by the findings of state court. The Florida courts are poised to determine that Ms. Schiavo will have her feeding tube removed on Friday. H.R. 1332, the "Protection of Incapacitated Persons Act of 2005," is expected on the House floor later today or Thursday.
H.R. 1332 authorizes removal of cases in State court to U.S. federal court to vindicate the rights of incapacitated persons under the U.S. Constitution or any U.S. law. Such proceedings would be authorized after an incapacitated person has exhausted all State remedies and must be filed in federal court within 30 days of the exhaustion of all available State remedies.
Chairman Sensenbrenner said, "What's going on in Florida regarding Terri Schiavo is nothing short of inhumane. The Florida courts virtually have issued a death sentence to Terri, almost guaranteeing she will painfully starve to death over a matter of weeks. The Florida courts set 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? I believe this legislation is the humane and right thing to do to not only protect Terri Schiavo, but also reinforce the law's commitment to justice and compassion for all, especially the most vulnerable."
