In 2-1 Vote, Appeals Court Judges Deny Reinseration of Feeding Tube for Schiavo

FindLaw
March 20, 2005

“Compromise Bill” Re: Terri Schiavo Signed Into Law
The “compromise bill” shown below was introduced on Saturday, March
19, 2005, passed by the U.S. Senate and House of Representatives on
Sunday, March 20, 2005, and signed into law by President Bush early
Monday morning on March 21, 2005.
According to lawyers for Terri Schiavo’s parents, the Bill is
similar to a U.S. Senate Bill passed on Thursday “tailored to give
the Federal District Court jurisdiction in the Schiavo case,” while
the Bill originally proposed by the U.S. House of Representatives
“sought broader legislation.”


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,
Related Links:
The Terri Schiavo Case

Powers of Attorney, Living Wills, and Advance Directives


Lawyers in the Case

Health Care Lawyers

Wills, Trusts, and Estate Planning Lawyers



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.