For the Relief of the Parents of Theresa Marie Schiavo
FOR THE RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO -- (House of Representatives - March 20, 2005)
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Mr. HONDA. Mr. Speaker, I rise today to address S. 686 for the Relief of the Parents of Theresa Marie Schiavo. Numerous courts have reviewed the tragic case of Terri Schiavo, and all have agreed that the right to make decisions about her care rests solely with her legal guardian: her husband, Michael Schiavo.
Even in cases where the patient has made it clear that she did not wish to persist in a catatonic state, families face excruciating decisions about how to proceed. Disagreement about the medical facts or the express wishes of the patient only add to the agony, and often lead to painful disputes within families.
We are a nation of laws, and as such we have a proper and unbiased way of resolving these difficult situations. The Schiavo case involves a family dispute over who has final decisionmaking regarding Terri Schiavo's medical care, and as such falls exclusively under jurisdiction of the State courts. Federal courts do not have any jurisdiction in this case; the U.S. Congress does not have any jurisdiction in this case; only the courts of the State of Florida have jurisdiction here.
But Republican leaders in Congress have decided they must get involved in this tragic story. Perhaps BILL FRIST sees a chance to score political points in advance of his 2008 presidential bid; perhaps TOM DELAY sees a way to distract from his ongoing ethics problems; perhaps they are motivated by more noble standards.
Regardless of their motivation, the GOP congressional leadership has pushed S. 686, legislation pushing an after-the-fact remedy by pre-empting State court jurisdiction. Foregoing even the pretense of federalism, and the notion of America as a nation of laws, S. 686 reflects the Republicans' belief that they may pick and choose the jurisdiction of their choice, depending on the day and the case.
This bill places politics before the judgment of State judges, imposing Federal adjudication on a case that has been comprehensively reviewed and decided. S. 686 represents a gross abuse of legislative authority and a violation of the U.S. Constitution.
Michael Schiavo has wrestled with the agonizing decision of what to do for his wife. He has followed Terri's instructions in accordance with the laws of his State and this country. Congress has no business in this matter, which involves a family decision based on mutual agreement between a husband and wife.
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